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| The Lounge Its 5:00 somewhere... This is the area where, after a hard days work, you sit back, relax, and unwind... |
| The Lounge Its 5:00 somewhere... This is the area where, after a hard days work, you sit back, relax, and unwind... |
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#1
07-31-2008, 11:32 AM
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Important, Please Read!!! Nye Frank!!!!
I just recntly learned of this and am just passing on the info:
The following info was copied from this RDC tread: http://www.race-dezert.com/forum/showthread.php?t=47015 Death after Twin Pines fistfight raises thorny issues for investigators, prosecutors 08:29 AM PST on Thursday, December 27, 2007 By JOSE ARBALLO JR. The Press-Enterprise By all accounts, the fistfight between Gordon Nye Frank and Ty Reddish along a quiet rural road in the San Jacinto Mountains lasted only few minutes. When it was over, the 68-year- old Frank, a Twin Pines resident known internationally for his design of off-road vehicles and drag race cars, was bruised and bleeding, his lip split open. Frank would be dead within minutes of arriving at his nearby home. Reddish, 27, a former Norco High School athlete who had lost his home in the Esperanza Fire months before, was taken into custody. The Riverside County district attorney's office determined that the brawl, which started because Reddish thought Frank was driving too fast and kicking up dust, was nothing more than a fight between two people. Officials decided in October not to prosecute Reddish. Frank died of heart disease, but the fight was a contributing factor in the death, an autopsy found. "It's an issue of mutual combat," said Ingrid Wyatt, spokeswoman for the district attorney's office. "Both of them were defending themselves." It was a decision that has left Frank's widow, Leota Ann Frank, frustrated and angry -- at the man she claims is responsible for her husband's death, at the Riverside County sheriff's detectives she says botched the investigation and at the district attorney's office opted not to prosecute Reddish. "He got away with murder," Leota Ann Frank, 72, said in an interview from the couple's Twin Pines home. "My husband did not lay a hand on him. He was the one who started everything. He's the one who wouldn't walk away. He's the one who choked my husband. ... He got away with it." Reddish, contacted by telephone at his parents' home in Twin Pines, declined to comment. In interviews with detectives that are part of a 77-page police report, Reddish said Frank was the aggressor and he defended himself. Reddish told investigators that Frank choked him and threw the first punch. Some legal experts say this type of case presents varied issues for prosecutors as they decide whether to file criminal charges. Conflicting statements from witnesses can be a problem, particularly if those who saw the fight have a bias for one side or the other. Proving intent to cause serious harm or death is also a huge obstacle, some experts say. "You have to ask yourself as a prosecutor, 'What am I going to be able to prove to a jury?' " said Gary Gibson, an adjunct professor at the California Western School of Law in San Diego. "Even if someone starts the fight, did they intend the person to die from a heart attack?" Lee Ann and Nye Leota Frank, known as Lee Ann to friends, left earlier this month for Cabo San Lucas, the Mexican resort city the couple considered their second home, having vacationed there for decades. She planned to visit the cemetery in Cabo San Lucas where her husband's remains are buried. Gordon Frank, known to friends as Nye, spent years traveling from race to race, but he wanted to settle eventually in Cabo San Lucas, where he and his wife enjoyed fishing, walking along the sandy beaches and spending time with the friends they had made over the decades they had spent there. Lee Ann Frank would not move there until Nye Frank, a member of the International Drag Racing Hall of Fame, had built her a new home where she could spend the hottest summer months out of the Mexican sun. The two-story home on Valley High Drive in Twin Pines-- a residence Nye Frank had designed -- was finished Aug. 5, the same day the couple decided to drive a few hundred yards to pick up a newspaper. The Clash Around 10 a.m., Nye Frank drove the couple's white Camry to the intersection of Valley High and Twin Pines Road, where a collection of mailboxes and a single newspaper rack stand. A well-worn bulletin board announces community events and upcoming meetings. She said that before her husband could get out of the car, someone she did not immediately recognize approached and appeared to be agitated. "He started screaming, 'You're driving too fast, and I live here. You're making too much dust,' " she said. "The kid would not shut up. He just kept on saying the same thing over and over again." Reddish had been cleaning up the lot on which his home's burned-out remains stand. The two men began to argue, and Lee Ann Frank said she placed herself between them, trying to persuade them to go their separate ways. At one point, Lee Ann Frank said, she was pulled toward her husband and Reddish pounced on Nye Frank. She said Reddish placed her husband in a headlock and pummeled the older man, who was pinned to the ground. She said the assault continued even as her husband lost consciousness. She said she tapped Reddish in the back twice with her foot and again harder when that did not seem to get his attention. "I was begging him to get off my husband," she said. "He wouldn't get off. He didn't even seem to know that I was there. He was crazy." The men eventually separated, and Lee Ann Frank drove her husband home. Nye Frank went into the bathroom to clean up, his wife said, and she headed to the bedroom to change clothes. They planned to go to the hospital to get Nye Frank's cut lip treated. When she heard her daughter scream moments later, Lee Ann Frank ran into the bathroom and found her husband of 37 years on the floor. His heart had stopped, and he was not breathing. Nye Frank never regained consciousness. "I never got to say goodbye," Lee Ann Frank said. A Different View Reddish told investigators he was cleaning out debris left over from the fire when he saw a car approaching the intersection at a high rate of speed. He told police he approached Frank and screamed, "You know, when my kids are here and you are driving that fast down the road, we are going to have problems, and we're gonna be fighting." Reddish told investigators that before there was any physical contact, Frank took off his glasses, put his fists up in a boxing stance and called Reddish a "young punk." Reddish described how he tried to explain the potential hazards of driving too fast on the dirt road and went to hand Frank back his glasses. At that point, Reddish told investigators, Frank grabbed for his throat. Reddish told investigators that Frank said: "I'm doing everything I can to provoke you." Reddish said he did not confront Nye Frank seeking a fight, but that happened because Frank attacked him first. When investigators told Reddish that Frank had died, he cried and asked for his father. Reddish spent three days in custody. The Investigation Starts Within hours of the fight, sheriff's deputies, investigators and prosecution officials converged on Twin Pines, a small mountain community off Highway 243. Members of Frank's family as well as Reddish's relatives were interviewed. Reddish and Lee Ann Frank each told investigators what they knew. Their versions of what had happened were vastly different and no one else had seen what had happened. "As a prosecutor, you start to think about the criminal case and have to consider who is going to be more believable," said Justin Brooks, executive director of the Institute for Criminal Defense Advocacy and a professor at Western Law School in San Diego. "You have the grieving widow and the statement of the suspect. You don't have an independent witness. Each witness in this case has their own bias." Lee Ann Frank said she believes sheriff's investigators did not go far enough in their probe, and she wonders why Reddish was never drug tested, something that is routinely done in homicide investigations. According to the police report, Reddish admitted to investigators that he had used marijuana three days before the altercation, but he denied taking any illegal or nonprescribed narcotics. Investigators noted that Reddish show no outward signs of being under the influence of a controlled substance and "there were no indicators to lead us to believe that a blood sample would be necessary." Findings Forwarded to DA Investigator Jerry Franchville, spokesman for the Riverside County Sheriff's Department, said detectives believe the investigation was thorough and they forwarded the results to the district attorney's office. Michael Rushton, chief deputy district attorney, declined to speak specifically about the case. In general, he said, officials have to consider many factors, including issues of self-defense and determining who had been the aggressor. Rushton said he understands the family's frustration, but he added that officials have to weigh the factors with an unbiased eye and base decisions on evidence rather than emotion. Court records show Reddish was on probation for a March 2005 conviction for driving under the influence of alcohol and possessing less than an ounce of marijuana. The autopsy showed Frank had evidence of heart disease, along with physical signs that he had been in a fight. There was no internal damage to his neck. There were some broken ribs. The report did not say whether the ribs were broken during the fight or during CPR. "There needs to be a causation between the injury and the action," said Brooks, with the Defense Advocacy group. "How much of it (the death) was his own doing? He could have had a heart attack changing a tire or some other physical activity. The fact that it happened after a fight does not mean it was connected. "In the end, it's a real tough case to prove," he said Reach Jose Arballo Jr. at 951-368-9280 or jarballo@pe.com 
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#2
07-31-2008, 11:33 AM
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Some interesting facts about the above reporter:
One other point for people to know regarding the press enterprise article about the Nye Frank attack written by Jose Arbillo Jr is that at the time of Nye’s attack and death and later the article, Jose Arballo Jr was dating the roommate of the District attorney in charge of the case. I think the article did not clear up anything about the case and furthermore his article continued the misconception that there was a fistfight, THIS WAS AN ATTACK!!! Jose Arballo Jr’s article promoted the viewpoint of his girlfriend’s roommate. The case was not investigated properly because of the influence of the strangler’s family.
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#3
07-31-2008, 11:37 AM
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More info:
I would hope all of you would help to spread the word to other message boards that you participate on. It seems that there is a good ol boys club pulling the strings and that this poor family has been the victims of a cover up by law enforcement. A public out cry for justice would certainly be merited and hopefully this will result in the investigation being reopened [color="Blue"] I've shared a document with you called "Ohara": http://docs.google.com/Doc?id=dhfr3c...invite=gtfjgdx It's not an attachment -- it's stored online at Google Docs. To open this document, just click the link above. --- To: Andre O'harra <aoharra@riversidesheriff.org> Mr Ohara -I feel bad having to request from you what I need. I have been reading several corruption cases and it makes me feel like I am putting you in unfriendly waters. I would not if I did not have to. I do not want to put anyone in danger. But unfortunatly you and I are in the same boat. Sorry. I have been reading the laws regarding citizens over 65. I believe after reading the information I have that my mother has a legal standing to actually stand in my fathers place with all the rights he would have. Also I believe this case should of been reported to protective services as my father was over 65 and my mother who was also at the attack and had her husband choked in front of her while he was passed out. I cannot tell you what this has done to my mothers well being mentally and physically. The law states anyone over 65, not just a dependent. The situation in our small community has become very stressful. This is not just going to go away. -- My mother and I know how it feels. I had told you before how the Reddish family had followed us the first night of my dads death, yelled at our host for inviting us, then rang the phone every few minutes during dinner. They have watched our home and anyone from our area that visited us was harassed several times. Now the neighbor who was in jail for trying to kill his mother in law is out. I had asked about getting records on the case before. Several people close to that case early on before we knew no investigation told me Ty was selling illegal guns before. He use to work construction under the table with the guy. It is told as a fact not a story in our area. No police records of course on it. . No one will even look at mom she has lived here 30 years. I know it is fear they have but it still hurts. And mom is so alone now, she needs support. But I have to tell you my mom still shows the great spirit of who she really is. The family across the street from us, never have checked on my mom after my dads death. But both parents were in a terrible accident. The father died leaving 5 children and wife in the hospital several months. They have a yard full of animals, 4 horses, 2 goats, pigs, chickens, ducks,dogs and more. My mom with asthma bought the food and fed all of these animals twice a day till the family came home. Even had someone fix water leaks in the yard. There was not even a thank you note, call, smile, just nothing. One time her kids talked to mom and she yelled at them. I know it is fear because we have never done anything bad to these people. In fact Nye and his friend just prior to their moving to their house saved it during the esparanza fire with buckets and shovels. Reddish dad claims they own the road now and stated to me he is closing it off so mom cannot get to her house. He says I am on his private property going on the road. I told Mr Reddish he does not have the right even if he owned it as it has been over as it is 7 years of public use. I checked the bondaries and he does not own it, the county has a public easement and it has been in use for 30 years. I want you to know this in case he kills me or my mom making this claim as he did with Nye. Now especially with the new gun laws. My moms best friends since she was 16 to 2003 was the original owners of Reddish property. Ty's mom was the grocery girl for prior owner ( Red ) John Hudspeth. Unfortunately Red had called mom and asked her to take him to a attorney just over a week before he died because he was being asked to sign stuff while blind. Mom was sick and her father in law in hospital for heart attack at the time. She asked him if he had a will and he said yes. He stated leaving it to his only heir his step daughter who mom knew, and that is what he and his wife agreed to. We were not even told for a long time that he died. Diana Dimaggio a ex prosecutor there in Banning office current law office right across from Rod Pacheco's office represented the Reddish family to get the house stating she was trustee now and told Red's daughter take ten thousand or nothing. She was not able to fight it. Dianna's husband is a attorney also (DUI attorney) last name Taylor we were told he was at Ty's often after my dads death. There were two people with last name Taylor on the sheriff report there day my dad died, along with going with him to the station. Jo Taylor I looked her name up and another gov person. The recordings I got from you has her on it and then it has Phil Reddish saying in his own voice how he is a goverment teacher and one of his students Brian Floyd cheif deputy under Rod Pacheco in the past told him how this can be handled as muttal combat, Anyways all signs show this situation is blessed from the top. I went to both Rods office and Mike Rushton as I know they can give me a letter to authorize the release for my mother's request. Mike Rushton at the DA office said no and gave me a letter to that fact that they would not authorize this. He even gave me a letter saying we can go to grand jury but they do not share any documents. The corruption there is blantant and when it's that blantant it's coming from the top. I want you to know I had also gone to Rod Pacheco's office to get assistance and they said I have to go back to Kim Emmerling. My request was to meet with Rod Pacheco not the victims advocate. The day I went to Rod Pacheco's office the victims advocate could not find any notes in the computer system about my meetings with Kim Emmerling, Rushton, and Calhoun. I called Kim regarding this and when I went to her office the day I came there Kim said yes they did find the notes under my name Samimi. Why isn't under my fathers name as in the past. Kims manager came to the front to confirm all notes are there. I would like to see if I can have the notes from my meetings with Kim Emmerling and Mike Rushton. Can you please get these for me before destroyed. Kim and her boss said all the notes are in the computer. Or give me the written procedures to get them. I am also requesting from you written procedures for when we are denied documents due to the claim of privacy or for the reason I was denied my request. I cannot have my fathers case reviewed with out my request. Every attorney I spoke to said they need to have the autopsy film, xrays and lab work. The denial is denying my mothers and fathers rights to due process of their constitutional rights. Also the code you gave me last time was wrong it does not have anything to do with the privacy act I believe. Go back and look at your notes to me. Please note from my understanding I can have documents created before any case physically started. I am only requesting the documents created before I filed. Web sites I read about foia, privacy act, Elder act, also state that you have to prove they are exempt not me. I cannot get a autopsy review with out the film, xrays, lab.
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#4
07-31-2008, 11:38 AM
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Continuation of last post:
Before and even during my meeting with you I had no case or complaint filed and did not start the internal affairs investigation. I stated to you I did not want to file a case. I just want justice for Nye Frank and protection and justice for Lee Frank. The internal affairs were tipped off by someone else. Internal affairs contacted me, and in fact did not disclose they were internal affairs. When the investigator called he did not leave a phone number or the department, but left his name on our recorder. I looked the investigators name up in google and saw his name in the news being hired for internal affairs to investigate corruption in Riverside County. In fact he was in the news for removing several officers from their positions. He told me your name and said you are my only contact to get anything regarding this case. I was able to confirm you were in internal affairs by looking you up. Before this I had called NOVA a national organization for victims and requested their help in understanding my mothers rights in getting the police report and autopsy. I told them the records department said case is closed. Prior to his when I had called the records department of both the police and the coroners they said the case was closed but they still had notes in the system not to release the reports and they could not and did not understand why. When Lee Frank requested the reports the records from both departments for police and autopsy they confirmed the system documents case closed, but file could not be released. Staff at the sheriff office told Lee Frank and her neighbor case will be investigated for a year so she has to wait one year for reports. I went bact to the Sheriff office to request the reports, Wilimin the office manager said they will not release them. And even if court ordered they would be completely blacked out except Nye' name and case number. The office manager of the Cabazon station told me if report was given now it would be completely blacked out except for Nye Frank's name and case number. She also said my mother can be the only contact even with my general power of attorney for my 72 year old mother. I requested Kim at DA office let Mike Ruston know what was going on. Sheriff Dept. and DA office was provided all names, phone and address to parties who had information regarding this case and felt it was important to be interviewed. I have the fax confirmation of this information was sent to all three homicide detectives on their fax, and email, along with a copy sent to DA office with confirmation given to Rushton. All parties confirmed they had not been contacted ever. This is not in line with both the Riverside Sheriff department, and Prosecutors proceedure's manual. Detective Martinez, John Shultz, Dan Wilheilm with the Homicide department said DA office said not to investigate stating as a fact Nye Frank had a heart attack. We contacted the Coroner office and they stated they never said Nye Frank had a heart attack. I immediately called Homicide Dept. Jesse Martinez told him what coroner said. I requesting he investigate, and asked him why he said heart attack. He told me he guesstimated it. To get the report they still made my mom go herself in the snow and rain. The Sheriff office all the DA office falsely told Lee frank that at the original autopsy the coroner said Nye had a heart attack, said not to investigate it as they insisted the Coroner told them Nye had a heart attack. I thought the situation was the opposite and separate departments. The sheriff office starting and doing the investigation, then providing the information. Also the coroners office originally would talk to me then they told me there was notes in their computer system not to talk to me. I asked them if that is typical and they said no. I went to the court house when there after my visit to your office and they said if I did not have a criminal case number I could not file a court request, because they had no jurisdiction. When I went to the help desk and they called to get me the requested information I was shocked because I actually heard the persons voice on the other line tell the young guy don't help her. OOPs !! I then went to the public defenders office and spoke to them and they confirmed I had a problem because I did not have a criminal case number. She felt bad because she said if I go to court she will be representing the other side. She knew what she was looking at. A few days after my dads death my friend a retired probation officer asked me, Dawn where is this place, how large is the population, and is the dad some kind of coach. Took her just five minutes to see a Ol boys club and all the tactics. After all this is over I think we may write a book. Before we got autopsy it was given to the Press Enterprise by either coroner or DA office. I have proof of that fact. Five months after my dads death front page and falsely planting bias saying heart attack. I got my report from press enterprise fax before I was mailed one. I was informed news guy Prosecutor Calhuoun's was his girl friends room mate. Several tributes to Nye have been done. Now they are making a documentary to put the info out big. Nye just the night before he died stated he wanted a perfect reputation. A fist fight in the dirt with someone 40 years younger and saying Nye started it and choked Ty is not acceptable. And to say my mom is lying you don't understand how big that is as she hates it when people lie. I had surgery and on IV six weeks. Now back on it. We never put our story out there till now. We just always thought the legal system works. Boy what a wake up call. I have requested several times for a victims advocate that specialized in seniors. I was told Riverside does not have one but then recently saw in the news they do. Please contact them and provide what Lee Frank and Nye Frank have a right to. My eblast go's out this week so this story will now have a life of it's own. I do not want my mom ran out of town by that bunch. No protection for my mom by Rod is a disgrace. It maybe movie material. A past drivers son past is in directing and interested when we saw him recently. [/color][/quote]
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#5
07-31-2008, 11:47 AM
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And even more in another thread on RDC: http://www.race-dezert.com/forum/showthread.php?t=47133
Quote:
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Sorry to all for such a long post but this info has to be spread.
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#6
07-31-2008, 01:14 PM
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Cliff Notes please. Thank you.
__________________
The Designers of Bend-Tech Products www.2020ssi.com bend-tech support forum: http://www.2020softwaresolutions.com/cmps_index.php Phone: 651-257-8715
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#7
07-31-2008, 03:21 PM
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Quote:
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#8
07-31-2008, 06:28 PM
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Cliff notes:
1. Ty Reddish started a fight with a 68 year old man who later died of a heart attack. 2. Ty Reddish has had a DUI 3. Ty's own father admits Ty has anger issues. 4. Ty's father is a high school wrestling coach. 5. Ty has trained to fight (wrestling). 6. Nye Frank has never been violent. 7. Nye has no fight training. 8. Ty's father's former student is connected to the DA. 9. The Sheriff office all the DA office falsely told Lee frank that at the original autopsy the coroner said Nye had a heart attack, said not to investigate it as they insisted the Coroner told them Nye had a heart attack. I thought the situation was the opposite and separate departments. The sheriff office starting and doing the investigation, then providing the information. Also the coroners office originally would talk to me then they told me there was notes in their computer system not to talk to me. I asked them if that is typical and they said no. 10. I went to the court house when there after my visit to your office and they said if I did not have a criminal case number I could not file a court request, because they had no jurisdiction. When I went to the help desk and they called to get me the requested information I was shocked because I actually heard the persons voice on the other line tell the young guy don't help her. OOPs !! Not sure how else to break it down and not be just as long. Nye Frank was one the great innovators in off-road racing. This case should be investigated and not sweep-ed under the carpet like what is being done. Ty Reddish should be on trial for manslaughter. Guilt is something a jury will have to decide. Regardless of who was the victim (doesn't have to be anyone we know) we Americans should not sit by and knowing let our justice system be corrupted like this. I know it will never be without corruption but we still must hold their feet to the fire and keep them as honest as we can.
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#9
07-31-2008, 08:25 PM
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It's a sad tragedy , that resulted in a needless death. I would contact a loud voice like 20/20 or Dateline, and see if they will pursue going after Justice. It sounds like there would atleast be grounds for a Wrongful Death lawsuit. Just a thought.. I feel bad for his family.. its sad.
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#10
07-31-2008, 11:31 PM
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America has the finest legal system in the world!
That money can buy.
__________________
"The challenge then, is to do the best we can... wherever we are... in whatever time we have." Nancy Ryles Gone but not forgotten. 
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#11
08-02-2008, 10:47 AM
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Here is a link to a flier about Nye and the incident and a petition to urge the US Attorney General to have this case reopened:
http://www.race-dezert.com/forum/showthread.php?t=47337
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#12
08-28-2008, 02:05 AM
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Nye Frank Homicide attack, not a fist fight audio of Dad of Ty
http://docs.google.com/Doc?docid=dc9...fzqw2tgs&hl=en
Riverside County Sheriff Audio Recording of Nye Frank Homicide, Phil Reddish speaking about Brian Floyd Riverside Sheriff- Phil confidence in Coverup help -Phil Reddish Norco High School wrestling coach Download 2inv. Martinez Int w Phillip Reddish cont.mp4 Posted at 02:16 AM in Riverside County | Permalink | Comments (0) | TrackBack (0) Sheriff Recording of Phil Reddish Download phil_and_brian_floyd.m4a Quote:
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#13
08-28-2008, 02:18 AM
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The Grand Jury investigating Riverside DA
http://www.youtube.com/watch?v=RfygvP0hQCM
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#14
08-28-2008, 02:20 AM
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Nye Frank- Riverside DA ol boys club Homicide coverup
http://www.youtube.com/watch?v=RfygvP0hQCM
Quote:
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#15
08-28-2008, 12:27 PM
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The majority of our law enforcement from the officer on the beat to the judicial system is corrupt in one way or the other. Many are totally useless. Maybe 10% are unbiased and dedicated to justice. I certainly hope this can be reopened and properly investigated.
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#16
08-28-2008, 01:22 PM
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I will be at Nye Frank's shop this weekend...which is now owned by my friend, Dave Clark.
This is truly an injustice and a tragedy. I had the pleasure of racing with Nye for a short time with Vildosola. He was an incredible person and had forgotten more things than I'll ever know. One of my few memories of Nye will be the time we had to change a trans on the Trophy Truck at Bay of LA at the '06 Baja 1000. I only had a few moments to talk with him but I was completely enamored with everything he had to say. He will be missed and if there is any time that the offroad community should come together and help, this is one of those times.
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