New Investigation opened 2014-2016

When I started banging on the system and then from this webpage it was to share about Joshua and the Systems failures.  The time had come and gone for any kind of child abuse charge and arrest that should have happened so many years ago but did not.  I was not pushing at the system to arrest KW,  I had no interest in his or Bobbi’s life at any level,  At the time my interest fell to the topic of exposing the system after I found the Klaver trilogy in 2006 and the questions started, the same ones I had years ago.   In 2008 when I learned about the Child Death Review Board from Sheriff Smith and that cause more questions, I had approached the Medical Examiners Office to review Joshua autopsy records, then I wanted to know if there was anything about the child death review boards findings in 1990 in the file, First they ignored me and when that didn’t work for me they stepped up and refused my request and told me to go away. Telling me to go away hasn’t proven to be a useful tool for Santa Clara County and the State of California.   Sheriff Smith also told me about all the domestic violence calls to the Klaver’s home after Joshua died, I felt heartbroken for their children but my glare stayed on the Sheriff Office as I heard this, It showed me once again how far they would go to protect their own-  KW was in their Sheriff Office family, not his wife and children, just like Joshua wasn’t.

I was banging on the System to expose the System. Not a easy thing to do trust me –  But things changed in 2014 and I was given no choice but to be very interested in KW and Bobbi’s life because of the words that came out of Bobbi Klaver’s mouth, this investigation did not open because of what her friend said to me, the Sheriff’s Department refused to interview this friend and much to my dismay her words meant very little to them; even when I demanded that they should.  The investigation came from Bobbi’s direct phone contact with the Sheriff’s Office.  Do I know exactly what she said to the Sheriff Office ? No, but I know that was the moment when the Santa Clara County Sheriff Office engaged an investigation.  I knew Bobbi’s words were it –  If what she had to say was not enough the case would close quickly but it didn’t,  After the phone interview that caused the Sheriff’s Office to move forward with a full investigation – ( You keep saying that word. But I do not think it means what you think it means )  ) they left Bobbi Klaver legally unquestioned for 18 months and the statement changed, it wasn’t the same as the phone call that caused the launch of the investigation in 2014 it was a statement that closed the case in 2016  –  By the time the DA was done –   2 years and 9 months of my life because of the misconduct of the Sheriff’s Office was gone and they all at so many levels Government disrespected what Joshua went through once again.

Was I looking for the system to treat me kindly, No,  I wanted them to do their job not their kindness. . I warned them at the start of the investigation that if they screwed with me again,  dealing with me would be harsh.  It turned out that they picked the harsh route and I once again refused to go away.  Bobbi Klaver said in her interview that I need to place what happened to Joshua in the hands of Law Enforcement and go find peace.  I heard too many I don’t know’s and I don’t remember’s and I blocked it out in her interview as her hair fell in her face to take her advise at this time.  I’ll wait until the Mercury News is done with a investigation the Santa Clara County Sheriff Office should have conducted and when they are done I will decide how I feel about the words Go Away.

There is one thing I agree with Bobbi about –  Lets put all this old and new information from the podcast in the hands of Law Enforcement.

 

The Investigation opened in March of 2014 and closed in December 2016 – 2 years and 8 months.  Documents will be posted at a later date –  I would also like to disclose that throughout what the Santa Clara County, California Sheriff’s and District Attorney’s Office’s and the State of California refers to as a investigation I was harshly unkind to many involved from time to time. My webpage does not follow that path in it’s wording but it is a knowledge for you to have.  Please keep in mind that our claims of Conflict of Interest was shared multiple times with the California Attorney Generals Office and the Santa Clara County DA’s Office over the Sheriff’s Office having control over the investigation into Joshua’s death for the 3rd time –  We warned them what would happen if they allowed a Sheriff’s Department that was managed by Sheriff Laurie Smith and they sat back and watched our warning happen as we pounded on them and Joshua did not get the investigation  he deserved.  It feels like you can reach out and touch the energy of the past happening all over again

Conflict of interest – Wikipedia

https://en.wikipedia.org/wiki/Conflict_of_interest

 A conflict of interest (COI) is a situation in which a person or organization is involved in multiple interests, financial or otherwise, one of which could possibly corrupt the motivation or decision-making of that individual or organization.

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As you read about the investigation the process starts at the bottom of the page

Santa Clara County District Attorney’s Office

Jeffrey F. Rosen- District Attorney
James Gibbons-Shapiro Assistant District Attorney
(408) 792-2985
JGibbonsshapiro@da.sccgov.org

Stacey Capps – Chief Trial Deputy- Phone:  (408) 792-2516

Laurie Smith, Sheriff
Office of the Sheriff
55 West Younger Avenue
San Jose, CA CA 95110-1721
​Phone: (408) 808-4400

*December 6 2016 – I received a Rejection Of Justice letter from Santa Clara County DA’s Office, It seems when statements change so does Justice. There will be No arrests in the death of Joshua. This decision was made after the Sheriff Department left the witness unquestioned legally for 18 months with a lot of time to think, The investigation started in March of 2014 and ended December of 2016 – 2 Years and 8 months, We have been told that this investigation should have taken 4-5 months by others within the Sheriff’s Department – The DA then sat on the case for over 9 months before they placed the harsh rejection of justice letter in my face

The Sheriff’s Department has so much to hide and because of their misconduct from the past and this unprofessional and disrespectful investigation KW walks away once again. .Joshua’s abusive life and death spans three generations of Santa Clara County Sheriff’s and a Family Court System that was more then willing to accommodate Joshua’s abuser’s law enforcement career then protecting him.

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*November 18 2016 – Still nothing from the DA’s Office and once again my confidence in the case is low. This might be good news to some of you who are watching. I sent this email over to the DA’s Office today.

Email > It has been over nine months since you took the file from the Sheriff’s Office, In five months we will be hitting three damn years. This is either following the same extremely cruel path that I have been on for years or you have something to work with, which is it ?

*September 15 2016 – Still waiting on the DA – It’s been 7 months now with no updates coming from their office.

*August 1, 2016 ~ The DA’s Office has had the case for 6 months now. . I continue to send information that might be needed for them to conduct a professional review of the unprofessional and lacking of skills investigation conducted by the Sheriff’s Department. .
With Sheriff Smith interfering with the investigation process I can only pray that the DA can build a case against KW and Bobbi Klaver for Joshua’s death.

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2016 ~ I don’t know how to explain how I have been feeling since the case opened in April of 2014, two years now – to have someone contact me and tell me Bobbi Klaver has felt since the night Joshua died in 1989 that his death was not a suicide and the detailed information that was given to me has ripped my heart open, not just about the night he died but for years before. For so many years the pressure to view my 10 year old son’s death as a suicide by hanging himself was painful enough, every mom vibe within me told me no, not because I was blinded by the pain and unwilling to accept that Joshua choose to end his life, the willingness to see this was there but my heart held me back – – Knowing what I know now has changed how I breath.
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*Feb 10th 2016~ I was sent this message a few days ago from my Sheriff Department contact >
I haven’t heard anything at this point. I did hear awhile ago Deputy Morrissey did the investigation, but it was kicked back to him to do something more. I think I told you that though, I don’t know what they wanted looked at further. I’m beginning to wonder if they’re refusing to approve the investigation to keep it from going to the DA’s office for review. It seems like that could be the case. Remember though Morrissey does have his regular assignment, which I’ve heard is kicking his ass right now with all the things going on in the office, but it seems that there may be a wall being put in front of him as well.
I called the DA’s Office and filed a complaint and they removed Joshua’s investigation file from the Sheriff office – Then everything went silent once again

*September-October  2015 –  When Bobbi Klaver was finally questioned she had sat for so long that her inner cop kicked in and she started to worry that she could be in trouble herself over what she withheld for all these years .. All this time that had gone by I kept warning the Sheriff Office that she was getting nervous- I demanded many times that they question her before we lose her statement but they waited and when the new investigators did get around to her they allowed her to bring her stepfather in the room with her, he used be KW’s good friend, a retired police officer, a confidant to Bobbi and then became her stepfather years after Joshua died and Bobbi made the decision to withhold information – We lost her true statement because the Sheriff’s Office left her un questioned for so long.
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*Summer – 2015 – I was contacted and told that the Sheriff’s Department was getting ready to let me down kindly and close the case, I knew Bobbi Klaver had not been questioned yet so I got harsh with the Sheriff’s Department, to be honest I did that often throughout the investigation and their misconduct and unprofessional actions deserved every single smack they received from me. . . After I took a deep breath I contacted the DA to file a complaint and I was told the Sheriff’s Office had told the DA that all witnesses had been questioned and the case had been closed. I explained to the DA’s Office that no witnesses had been questioned after a year and a half, that Sheriff Laurie Smith had lied to them like she did in 1990. They went back into the Sheriff’s Department and three weeks later we had two new Detectives on the case, Sheriff Smith had removed the first investigators and placed Deputy Morrissey in charge of the investigation . .Deputy Morrissey is the President of the Sheriff’s Association who lead Deputies in a vote of NO Confidence against Sheriff Laurie Smith in her bid for reelection in 2014 – Sheriff Laurie Smith played Politics with the investigation into Joshua’s death from the beginning by sitting on information and waiting until 2 days before the Election in June to pull Joshua’s autopsy report from the Medical Examiner even after telling me for months that they were going over all documents on Joshua but as of election time the Sheriff’s Department had not even pulled out court records with documented child abuse, It was a possible murder investigation and they hadn’t pulled his death records for 3 months and Sheriff Smith continued to play politics by placing this Deputy on the case. . I was told her reasoning was so he would be the last investigator touching the investigation and would be holding my wrath in his hands when the investigation ended in a puddle of bullshit.

Deputies’ Union Votes “No-Confidence” in 16-Year Incumbent Santa Clara County Sheriff Laurie Smith

http://www.nbcbayarea.com/news/local/Santa-Clara-County-Sheriff-Race-Laurie-Smith-Kevin-Jensen-261594121.html

Sheriff’s deputy at center of extraordinary battle with boss Laurie Smith

http://www.mercurynews.com/2016/08/12/sheriffs-deputy-at-center-of-extraordinary-battle-with-boss-laurie-smith/

*From August 2014 into 2015 nothing happened with the investigation – We were told many time that the investigators were going to Bobbi Klaver’s home to question her at a local Sheriff’s Office – it never happened and we waited – Then the Department wanted to take my statement, for a time I told them to bite me – I insisted that they take themselves to Bobbi Klaver because I did not know what happened after KW and Bobbi took Joshua from our home, They knew my story from my blog, from my many emails I sent while they sat on the investigation – The Klaver’s were the only ones that knew what happened that night but they refused to legally take her statement – As the months went by I finally agreed to have my statement taken, It was a waste of time as we told them what was already on my blogpage, the investigators didn’t have many questions for us. After giving our statement we waited for months for the department to approach KW and Bobbi Klaver. KW was never questioned.

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*August – 2014 – The Child Death Review Board completed their review of Joshua’s life and his death .. Dr Jorden with the Santa Clara County Medical Examiners Office found that Joshua’s autopsy at the time of his death was done without the rope, From Bobbi Klaver’s words I knew that the Sheriff’s Department never turned over the rope to the ME’s Office and they were never called out to the barn where Joshua was found hanging, The Sheriff’s Department had swooped in and removed Joshua’s body by ambulance to a local hospital without notification to their Office, without taking photos of the scene and without asking Joshua’s father and his wife or myself any questions about the activities of that night. Dr Jorden was so concerned with what she was seeing she gathered as much information on Joshua she could find and placed his death before the child death review board for the second time in 2014. .Their findings were that Child Abuse was a huge part of Joshua’s life before and leading right up to the time of his death, this information was changed in the State of California data base, but suicide can not be changed unless the outcome of this investigation legally proves otherwise. This is the justice Joshua was offered – a update to the State database.

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* June – 2014 -Early Post Election – I was contacted by the Sheriff’s Department investigator who I refer to as poor Frank because I was so harsh with him about the past about the investigation now so he got a double dose of me. I expressed my knowledge that in 1990 when Sheriff Smith had so many options but refused to take any action and for her interference with the investigation that opened in 2014, I took it all out on Frank but I knew everything he was doing or not doing was controlled from the 4th floor where Sheriff Smith’s empty office sits but he still received my wrath. . I think he might have wanted to arrest me for the way I spoke to him from time to time. . .Sorry Frank

He told me the department had contact with the Dr Jordan , Chief Medical Examiner for Santa Clara County and she wanted to speak with me about Joshua. . I gave her permission to pull our court sealed records – guided her to Joshua’s schools- she pulled police reports -( Sheriff Office ) documents – She placed Joshua’s life and death before the Child Death Review board in August of 2014 – I will be posting that document soon . . This is when I learned from the ME’s Office that Joshua’s autopsy was done without the rope, For me it was a moment that backed up what Bobbi Klaver had said about what was done with the rope the morning after Joshua’s death . .Dr Jordan and the Sheriff deputy investigator then went out to the Klaver’s home in San Martin, The Klaver’s no longer live there. She relied on Joshua’s height and weight at the time of his death and along with Bobbi Klaver’s description of the rope she picked out of photos on line they conducted the reenactment –   I explained clearly that she needed help picking out a photo of a rope she knew nothing about to the Sheriff’s Office and Dr Jordan – – they seemed not to care and took Bobbi’s information, KW description of what happened as told to his Sheriff’s Department co-workers the night Joshua died in 1989 and decided that Joshua could have climbed up into the rafters where the butcher racks hung by and tied off a very thick horse lead rope into a knot- climbed back down. . stood on a folding chair and stepped off and hung himself. .The Sheriff’s Department never checked to see if his shoe prints were on that dusty chair in the barn-  – A court documented history of Child Abuse that the Sheriff Department never pulled when Joshua died for their use or the Medical Examiner’s use, I know this because our records are sealed, a court order is needed to access them just like parts of his autopsy report are,  the child death review board pulled them in 1990 but the Sheriff Office nor did the M.E. pull them at the time of his death.  .Legal limits on child abuse charges were wide open and they never looked. . they heard what my husband was saying but they didn’t give a care. – and in that state of mind the only thing they saw was Suicide in 1989 without even speaking with me and again in 2014.  .  .  .In all the years of dealing with the system about Joshua, before and after his death Dr Jorden is the only person who has stepped forward to do anything for him and I am and always will be so grateful for her time, her kindness and her concern about what happen to Joshua. . But I also had concerns about the scene reenactment Dr Jorden and Captain Frank Zacharisen of the Santa Clara Country Sheriff’s Department did in the barn on the property where Joshua died. Their report states they used investigation records to set the scene for this reenactment and the only past investigation records are from Sheriff’s Departments past interactions with KW of what happened that night. .  What I have just described is the information they used for the reenactment,   I feel this makes the process of this reenactment worthless, disrespectful and a insult to Joshua and the justice he deserves. – Passage from the Medical Examiner’s document > Review of the Medical Examiner-Coroner materials necessitated the need to revisit the barn where the death occurred and perform a scene reenactment < In the DA’s new investigation rejection letter they talk about the investigation records from the Sheriff’s Office they relied on to conduct their reenactment,  This tells me the need for Dr Jordan to go to the barn meant that the Sheriff Office didn’t have any useful investigation information in their records either.

Santa Clara County sheriff: Laurie Smith wins fifth term

http://www.mercurynews.com/2014/06/03/santa-clara-county-sheriff-laurie-smith-wins-fifth-term/

*March 2014- There was a group of very strong but heartbroken people in the police violence movement who put together a protest for me against Sheriff Smith at her fundraising dinner in San Jose because of my past issues with her and the department. . I had not been contacted about the new information yet at the time of the protest . . these people saw me sharing on facebook and reached out to me with kindness and understanding and they put some brave in me that I will always be so very grateful for. And as the silence grew I shared on facebook about the new investigation – The department tapped on me about my sharing, that they saw me posting, they were watching me. .My need for the investigation became more important then my loudness and I started to step back – I set my blog to private, deleted my facebook page and I pulled back from the people who had reached out to me in the police violence movement and I waited for the Justice Joshua deserved to start – I waited in silence with hope of finally having a investigation into Joshua’s death. Their words placed me in silence right into Sheriff’s Smith’s re-election win in June 2014 – Just like they wanted me to

* I couldn’t make the call so my husband called Sheriff Smith directly and left a message to pass on to her, with-in 20 minutes UnderSheriff John Hirokawa called us back, I heard Dennis speaking to him from the other room in our home and after a bit John wanted to speak with me since I had the direct contact with the information, John Hirokawa was also at our meeting with the Sheriff Smith and Joyce Blair from the Attorney General’s Office in 2008 and knew the history with the Department, he felt it was best to start off telling me how much He , Sheriff Smith and the Sheriff’s Department cared so much about what happened to Joshua, he would not stop pushing this narrative at me until I asked him harshly to stop.     .    .We were told that they would make contact with us about a plan to move forth. . It happened quickly, there was talk about me flying out to California to have my statement taken, who the investigator would be etc. After I had contact with the investigator there was conversation about my Justice4Joshua facebook page – My Justice4Joshua blog page and how all the information from the past that I was sharing could aide KW and his legal if charges were made against him, I started to think I should shut down my facebook page, I started to delete all my posts that I had made and set my blog page to private. Then Silence into late March – April -Then I was told that they spoke with Bobbi Klaver on the phone and the Department was ‘pleased’ with what she had to say and so should I and the investigation will move forward, I hated the use of the word pleased. Then we stepped into May – late May nothing but silence from the Department.

*- March 2014 – After I was contacted about what Bobbi Klaver was saying I did not want to step back into Santa Clara County or the State of California to deal with this, at the time we were living in North Carolina and we decided to approach the local FBI Office, to be honest I didn’t expect to have their full attention to what we were saying, We did end up having their attention but we were told we needed to step back into California because they could not get involved. I reached out to Joyce Blair with the Attorney Generals Office who I had contact with in 2007-2009 after finding the Klaver Trilogy, she was at the meeting we had with Sheriff Smith in 2008 so we started there- Even knowing the history the Attorney General’s Office told us we had to step back into Santa Clara County, We were being pushed back into our hell hole and I could feel the past snapping at me,  We called the DA and even though they’ve had the history about Joshua for many years but we were told we needed to approach the Santa Clara County Sheriff’s Department, the same Sheriff Office that refused to protect Joshua before his death while protecting their co-worker, Joshua’s father, his abuser and refused to investigate his death.
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* – March 2014 – Bobbi Klaver sent a close family friend to talk to me and for the last two plus years while the Santa Clara County Sheriff Office conducted what they refer to as a investigation I listened to this person pass on detailed information from Bobbi on the Klaver’s life starting years before Joshua’s death, During this time as we waited 18 months for the Santa Clara County Sheriff’s Department to question Mrs Klaver in person I listened to what Bobbi had shared and learned so much that I can take our family court documents before Joshua died and place them on the Klaver’s home life and know exactly what was happening in that house every time the courts forced Joshua to go there. .I was told of the many times Bobbi gave serious thought about leaving KW because of his abusive behavior but she stayed starting when I first learned of the abuse and for many years after until Joshua’s death, she aided and protected KW through our nightmare while we tried to protect Joshua and she continued to do so after his death. . Sheriff Laurie Smith told us of all the domestic violence calls to the Klaver’s home after Joshua died, Bobbi still choose to stay there with her children but the Sheriff’s Department also refused to step in and give aide to those kids- So many domestic violence calls and not once was a child welfare check done. It makes me wonder if domestic violence calls had been made to their home before Joshua died. With Bobbi having one abused foot out the door at all times before his death I would not be surprised at all.
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I was told more about the Sheriff’s Departments actions that night, I know they refused to investigate Joshua’s death in the following days but their behavior on the property that night was more of a very quick pity party gathering for Joshua’s father and his wife Bobbi Klaver then being there for my son. Deputies were stomping all over the scene without even a glance around or questions asked. .She also told this person that she watched and sat in silence as the issue of what to do with the rope was discussed between KW and two Santa Clara County Sheriff Deputies the day after Joshua’s death. .The rope Joshua was hung by never made it to the medical examiners office for Joshua’s autopsy.

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Throughout the investigation updates were going to the Administration and if you look on the Sheriff Office webpage ~ The Office of the Sheriff Administrative Division, where executive staff have their offices, consists of the following personnel:

Sheriff Laurie Smith  –   Sheriff of Santa Clara County, California

Assistant Sheriff Ken Binder
Undersheriff John Hirokawa
Assistant Sheriff Carl Neusel                                                          

I don’t think that Sheriff Laurie Smith should have been anywhere near this investigation and the State of California’s Attorney Generals Office has forced me to rely on her office to investigate Joshua death.

Mission Statement:

The Santa Clara County Sheriff’s Office is dedicated to the preservation of public safety by providing innovative and progressive service in partnership with the community.

Sheriff Administration – Santa Clara County, CA

Laurie Smith, Sheriff
Office of the Sheriff
55 West Younger Avenue
San Jose, CA CA 95110-1721
​Phone: (408) 808-4400

 

Office of the Sheriff
Headquarters
55 West Younger Avenue
San Jose, CA 95110
Get Directions
Phone: (800) 211-2220 (Toll Free)

Phone: (408) 808-4400

Fax: (408) 294-2467

Email: so.website@sheriff.sccgov.org

Santa Clara County District Attorney’s Office
Trust Is the Game Changer That Brings Justice & Safety – By DA Jeff Rosen

Jeffrey F. Rosen
District Attorney
70 W. Hedding Street, West Wing
San Jose CA 95110
Phone: (408) 299-3099
Fax: (408) 287- 5076

ATTORNEY GENERAL KAMALA D. HARRIS
Mailing Address
Attorney General’s Office
California Department of Justice
Attn: Public Inquiry Unit
P.O. Box 944255
Sacramento, CA 94244-2550

I filed a complaint of professional misconduct by interfering with the process of Joshua’s investigation against Sheriff Laurie Smith with all Five Santa Clara County Supervisors and the County Counsel Office  –  No Response –

Supervisor Mike Wasserman District 1
70 West Hedding Street, 10th Floor
San Jose, CA 95110
Phone: 408-299-5010
Email: mike.wasserman@bos.sccgov.org

Supervisor Cindy Chavez District 2
70 West Hedding Street, 10th Floor
San Jose, CA 95110
Phone: (408) 299-5020
Email: cindy.chavez@bos.sccgov.org

Supervisor Dave Cortese District 3
70 West Hedding Street, 10th Floor
San Jose, CA 95110
​Phone: (408) 299-5030
Fax: (408) : (408) 298-6637
Email: dave.cortese@bos.sccgov.org

Supervisor Ken Yeager District 4
70 West Hedding, East Wing, 10th Floor
San Jose, CA 95110
Phone: (408) 299-5040
Fax: (408) 299-2038
Email: supervisor.yeager@bos.sccgov.org

Supervisor Joe Simitian District 5
70 West Hedding Street, 10th Floor
San Jose, CA 95110
Phone: (408) 299-5050
Fax: (408) 280-0418
Email: supervisor.simitian@bos.sccgov.org

County Counsel
Office of the County Counsel
70 West Hedding Street, East Wing, 9th Floor
San Jose, CA 95110
Pphone: (408) 299-5900
Fax: (408) 292-7240
Email: claudia.ericksen@cco.sccgov.org

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