Official Complaint: Elizabeth Biderman Gertz, State Bar #93523 (Deputy City Attorney, City of Los Angeles) PROSECUTORIAL MISCONDUCT

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1 Via Certified U.S. Mail, Tracking # January 30, 2014 State Bar of California, Office of the Chief Trial Counsel, Intake Unit 845 S. Figueroa Street, Los Angeles, CA Official Complaint: Elizabeth Biderman Gertz, State Bar #93523 (Deputy City Attorney, City of Los Angeles) PROSECUTORIAL MISCONDUCT The information contained in this document and it s attachments shall be considered an official Complaint to the State Bar of California, and provides unequivocal proof of gross prosecutorial misconduct and criminal acts committed by Elizabeth Biderman Gertz, State Bar # These violations include, but are not limited to the following: Subornation of Perjury, California Penal Code Section 127 Conspiracy, California Penal Code Section 182 California State Bar Rules of Professional Conduct Rule Performing the Duty of Member in Government Service Rule Trial Conduct Rule Suppression of Evidence Violations of the California State Bar Act Violations of the American Bar Association, Professional Rules of Conduct Violations of Federal Civil Rights under Color of Law The State Bar is advised this document is also provided to the Los Angeles Grand Jury as supplemental information to the formal Public Corruption Complaint filed independently by a collaboration of International Human Rights organizations on July 31, 2013, specifically naming Elizabeth Biderman Gertz, State Bar #93523 The State Bar is distinctly advised that the prosecutorial misconduct and criminal acts of Elizabeth Biderman Gertz detailed herein are not isolated incidents. They are part of a sustained pattern and course of misconduct, warrant criminal conviction, and necessitate permanent disbarment to protect the people of Los Angeles and California. A substantial amount of supplemental documentation of this will further be provided to the State Bar, the Los Angeles Grand Jury, the Center for Prosecutor Integrity, and other Human Rights organizations investigating Elizabeth Biderman Gertz, State Bar #93524

2 BACKGROUND AND SYNOPSIS In 2004 I cut off contact and filed for divorce from my ex-wife Laura "Pauley" Perrette, an actress on a popular television called "NCIS". I was granted the divorce in 2006, however, in retaliation Ms. Perrette has harassed me ever since through a pattern of illegally abusing the restraining order process, and manufacturing criminal actions, facilitated primarily by a small handful of State Bar members and Public Officials compromised by Ms. Perrette's celebrity status and financial compensation. The quantity and severity of criminal acts committed is so expansive it has drawn the attention of a number of International Human Rights organizations, who for nearly the past year, have collaborated on a pro bono comprehensive investigation and have filed a detailed formal public corruption complaint with the Los Angeles County Grand Jury. Elizabeth Biderman Gertz, State Bar #93524, is one of the primary Public Officials identified in this corruption. The evidence provided herein proves unequivocally that Deputy Los Angeles City Attorney Elizabeth Gertz violated her oath of office and the public trust, in her relentless pursuit of a criminal conviction. Specifically, the facts and evidence herein establish: 1) Ms. Gertz filed criminal charges on behalf of Ms. Perrette even though insufficient probable cause existed. 2) Ms. Gertz then committed a fraud upon the court to cure this deficiency by fabricating a false accusation of a crime, (a "prior incident of physical assault") to convince the Judge to allow new accusations into the trial, and to fraudulently fulfill an element necessary to procure a wrongful conviction. The actual motive for, genesis of, and complete fabrication of Ms. Gertz's false accusation all took place in a conversation with Judge Kathryn Solorzano, and is documented in the court reporters transcript. Ms. Gertz fabricated this accusation in direct opposition to a prior court ruling, and with full knowledge her accusation was false, as illustrated through her personal history with the case and prior statements on the record 3) Subsequent to fabricating her false accusation Ms. Gertz then met with Perrette. The facts herein prove beyond any reasonable doubt that at this time Ms Gertz conspired with and coached Ms. Perrette to elicit perjured testimony, completely re-writing an accusation which Perrette had previously testified to more than once, and for the first time anywhere in nine years, suddenly adding an accusation of a physical assault identically parroting the false accusation Gertz had fabricated just minutes before. Ms. Gertz then followed through and actually elicited Perrette's testimony to this newly fabricated false accusation, and presented it to both the court and the jury as if it were fact.

3 FACTS AND EVIDENCE Included as ATTACHMENT A is the relevant pages of the Court Reporters Transcript of Los Angeles Superior Court Case #2WA00673, referenced herein. As evidenced in Pages 1-17, the first and foremost issue arises immediately because Ms. Gertz has indicated she intends to present brand new allegations of a history of abuse, of which she had given no prior warning or notification. The importance of this issue is underscored on the record by all three participants of the discussion: prosecutor Ms. Gertz, Judge Kathryn Solorzano, and my attorney Anthony Brooklier who objected vehemently. By page 17, line 20, Ms. Gertz argues it s importance as an essential element to her case, stating: It s important the victim be allowed to tell the jury and tell this court why she s scared of him, because there was violence in the relationship prior She fears for her life. - (Attachment A, page 17, line 20) This is a bold faced lie, which Ms. Gertz knowingly made in direct contradiction to the Los Angeles Superior Court ruling. ATTACHMENT B is the Court Reporters Transcript from that hearing in the underlying Family Law case #BD417230, confirming that the Court ruled that during the marriage there had been: no assault, no threat of assault, and no... severe emotional harm. - (Attachment B, page 12, line 19) The Court re-iterated that: did not rise to the level of physical assault End of story. -(Attachment B, page 17, line 21) It is important to note that Court ruling was based primarily on the fact that at that time both Ms. Perrette and her attorneys agreed there was never any physical assault, evidenced by the language and statements made throughout that entire transcript. In fact, no physical assault was even alleged. *** These facts are extremely relevant to everything that follows, as the Court s ruling that there was no violence and no threat of violence, and the specific details of the allegations made (NO physical assault verbal ONLY) remained unchanged for nine years, (This is further confirmed in subsequent testimonies of Perrette, and written correspondence from Perrette s own counsel, available upon request.) That nine year history suddenly changed on February 19, 2013, when as noted above, prosecutor Elizabeth Gertz needed there to be a prior incident of physical assault in order to procure a wrongful conviction, and introduced her vague new allegation.

4 Judge Kathryn Solorzano immediately asked Gertz for specifics: Now, what are the acts of violence you intend to elicit? -(Attachment A, page 17, line 27) But Gertz cannot offer any specific acts of violence, because she knows there are none. Instead, Gertz remains vague, and admits that she: hadn t intended on eliciting any - (Attachment A, page 18, line 1) Gertz adds that she was counting on Perrette to make some vague unspecified accusations about past violence, then appears to abandon the idea altogether, admitting:: Actually, there wasn t one incident where I ll tell her not to - - (Attachment A, page 18, lines 8 & 11) - A brief exchange occurs in which the importance of Gertz providing specifics is discussed, resulting Judge Solorzano again prompts Gertz for specifics, asking directly: What acts of violence do you believe that she will testify to? What s your offer of proof? - (Attachment A, page 19, line 19-21) Judge Solorzano then makes a point of explaining why, legally, she needs Gertz to provide a specific act, and again emphasizes to Gertz: So you need to specify as an offer of proof what it will be - - (Attachment A, page 20, line 17,18) Gertz is on the spot. She has succeeded in swaying the argument by misleading Judge Solorzano into believing there had been some vague prior physical violence, but now Solorzano is insisting on a specific act. The motive for Gertz to fabricate a specific false accusation has been established, and sure enough, in desperation and unwilling to drop the charge, Gertz suddenly recalls an alleged incident of yelling during the marriage, except Ms. Gertz adds her own brand new embellishment to a decade old allegation, and falsely represents to the court that Perrette was actually physically restrained : She wasn t allowed to leave. She was restrained. - (Attachment A, page 20, line 12)

5 Here again Ms. Gertz is deliberately misleading the court. It is important to reiterate that for nine years prior to this moment, it had never been alleged that Perrette was actually physically restrained, as evidenced by Ms. Perrette s own testimony originally alleging this verbal incident, which she included in a signed Declaration submitted in the family law case, the relevant excerpt of which is included as Attachment C. For the record, I deny any such incident took place, and I have evidence supporting that, however, what is immediately relevant and undisputed is that Perrette s own testimony to this alleged verbal incident had remained the same since 2004, and she had even referenced it in subsequent testimonies, again unchanged with no additions of physical violence ever, not to mention the LASC 2005 ruling stating the same. But now, with Gertz on the spot as Judge Solorzano waits for an answer, indicating she wants to include this new "violence" issue but needs a specific act, Gertz comes up with a misrepresentation, the (again) vague idea that Perrette was somehow physically "restrained", but again Gertz is unable to provide any details of exactly how. (NOTICE: At his point Elizabeth Gertz literally dupes Judge Kathryn Solorzano into helping to fabricate the false accusation.) With no specific information from Gertz, Judge Solorzano then imagines her own scenario, guessing: "He physically sat on her body physically?" - (Attachment A, page 20, line 13). It is essential to note this false allegation that I ever "physically sat on her body" never existed anywhere, ever, prior to its genesis in Judge Solorzano's imagination. Never in nine years of bitter divorce proceedings did this alleged incident ever include anything remotely close to me physically getting on top of or "sitting on" Ms Perrette until this moment, when Solorzano first imagines it and utters those words for the first time. With full knowledge it is absolutely false, Elizabeth Gertz replies to the court: "Yes" - (Attachment A, page 20 line 15) In doing so, Ms. Gertz solidifies the newly imagined/fabricated false accusation into the record, Judge Solorzano has been successfully duped by the corrupt prosecutor, and Ms. Elizabeth Biderman Gertz has committed a Fraud Upon the Court.

6 Gertz then commits conspiracy to elicit perjury. At this point in the transcript, Ms Perrette has yet to be informed of the newly fabricated false accusation of assault, but Judge Solorzano instructs Gertz to confer with Perrette prior to testifying, specifically to inform her of what she will be expected to testify to. -(Attachment A, page 35, line 12) After conferring with Gertz, Perrette then takes the stand and, in direct contrast to her own testimony for the previous nine years, testifies to a "prior physical assault" which just happens to parrot exactly the newly fabricated accusation which minutes before was spawned from the imagination of Judge Solorzano. -(Attachment A, page 75, line 7 & 21). The importance and relevance of this newly fabricated false accusation is underscored by the words of both Gertz and Solorzano throughout the transcript, and cannot be dismissed as harmless. In fact, Solorzano herself makes the declaration that if the jury was not properly informed of the facts of this incident then "the jury will have been misled". -(Attachment A, page 78, line 17). On this, Judge Solorzano is absolutely correct, for indeed the "jury has been misled". *** NOTICE REGARDING HONORABLE JUDGE KATHRYN SOLORZANO There are a number of reasons why Judge Solorzano could and should have known this sudden "memory" of Gertz was more than a little suspect, which minutes before didn t exist, but suddenly did, and coincidentally the exact same as the very first scenario to spring from Solorzano's imagination. However, it appears at this time that Solorzano was not knowingly complicit, and not aware that a false accusation of violence has been fabricated in her courtroom, under her watch, and with her own involvement. Simply put, it appears that Judge Solorzano was duped by Ms. Gertz, not complicit with her. For this reason I want to make it clear that, despite the scenario on record, I am not at this time requesting any investigation or action by the State Bar in relation to Judge Solorzano. I have the utmost confidence that upon being notified of the gross misconduct, criminal violations, and perjury which took place in her courtroom, Judge Solorzano will act swiftly and decisively to immediately undo the resulting injustices and to end my victimization. I am confident Judge Solorzano s resulting actions will indicate to the State Bar, and to the people of California, that she in no way is complicit or supportive of these actions, and I wouldn t be surprised to see her to immediately issuing bench warrants. Elizabeth Gertz, on the other hand, has proven to be malicious, manipulative, unethical, and outright criminal. She has a personal history with this case spanning years, and had previously even requested documents via an official letter on Los Angeles City Attorney letterhead, a copy of which is included in the family law case file, (Case # BD ). Ms. Gertz was fully aware there had never been any prior act of violence, ever, and was fully aware that the family court had ruled as such in early Most directly, Ms. Gertz was aware there had never been an accusation that I ever physically got on top of or forcibly sat on her physically until Ms. Gertz seized upon Judge Solorzano s imagined scenario.

7

8 ADDITIONAL INFORMATION As stated previously, the misconduct and criminal acts herein are by no means isolated incidents, and are part of a sustained pattern and practice of misconduct. A substantial amount of supplemental information will continue to be provided to the State Bar, and the various other entities investigating Elizabeth Biderman Gertz, State Bar # The sheer volume of prosecutorial misconduct that Ms. Elizabeth Biderman Gertz committed in this one case alone requires numerous addendums and supplemental Complaints to completely document. Almost every single page of the transcript is littered with flagrant misconduct similar to the example evidenced herein, often multiple violations on a single page. Due to the level of the compromise of a public official in this case, and it s importance in restoring the public trust violated by Ms. Gertz, as well as the threats of retaliation I have received specifically to intimidate me from reporting these criminal acts, this document will be provided not only to the Los Angeles Grand Jury investigation and the other entities cc d below, but also to the international Human Rights Organizations which have descended upon this case, and may be distributed accordingly to other professional organizations and news media sources as needed to protect the law abiding People of the State of California, and specifically the people of the City of Los Angeles. cc: - Los Angeles County Grand Jury - Mr. Mike Feuer, Los Angeles City Attorney - Ms. Kamala Harris, Attorney General, State of California - Mr. Ronald L. Brown, Public Defender, Los Angeles County - Los Angeles County Bar Association - National Association of Criminal Defense Lawyers ATTACHMENTS: A) Court Reporters Transcript of Los Angeles Superior Court Case #2WA00673 (relevant pages only, complete transcript available on request) B) Court Reporters Transcript of Los Angeles Superior Court Case #BD417230, (complete Original Hearing for Restraining Order in the underlying Family Law Case) C) Relevant excerpt from 2004 signed Court Declaration of Laura Pauley Perrette (Perrette s original testimony alleging the incident of verbal abuse ONLY, full copy available upon request) D) Court Declaration filed containing official State Bar Complaint (providing proof of criminal acts of Attorneys Alexandra Lavinsky and Ronald Litz)

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