Eric's petition to the U.S. Supreme court

Eric's petition to the U.S. Supreme court (.pdf)
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The Lies About Eric and Mirella Davies Exposed

Trust in the LORD with all your heart and lean not on your own understanding; in all your ways submit to him, and he will make your paths straight... Proverbs 3:5-6


Then you will know the truth, and the truth will set you free. John 8:32 
Thou shall not bear false witness against thy neighbor. 10 Commandments

The LORD is my strength and my shield; my heart trusts in Him and He helps me... With my song I praise Him! Psalm 28:7 

For years we have had our reputation maliciously smeared by the lies of the enemy and his agents trusting only in God to be our defender. It is long overdue that our songs of truth be heard...

Smiling faces sometimes, they don't tell the truth. Smiling faces tell lies and I've got proof. Smiling faces show no traces of the evil that lurks within.  -- Undisputed Truth


Stand for the things that you know are right. It's the truth that the truth makes them so uptight. Stand! They will try to make you crawl, and they know what you're saying makes sense and all.
-- Sly & The Family Stone

Let freedom ring. Let the white dove sing. Let the whole world know that today is the day of a reckoning.  -- Martina McBride

They lie to themselves. They lie to each other. They lie to the police. They lie to the judges. They lie to God. But the sickest thing they do is lie to the children, because God knows better but the children don't. 
-- Mirella Davies


Their country tis of thee, sick place of perjury, of thee I sing. Land where the neighbors lie; land where they falsify. Land of oppressors pride. From every mountainside, let freedom sing.  
-- Mirella Davies

Let me begin by saying that I have been hesitant to contend for the truth, mindful of Jesus' warning in Matthew 7: "Do not give dogs what is holy, and do not throw your pearls before pigs, lest they trample them underfoot and turn to attack you." But the time has come when I cannot bear this burden any longer.

What I am going to state in this blog I can back up with volumes of irrefutable documented proof, which we have been collecting to use in court to vindicate us.

My husband and I have been the victims of cruel and fraudulent attacks by malicious, sociopathic and toxic neighbors since we moved into our dream home five years ago. That is when several of them joined forces to launch a campaign of terror on our lives, hell bent on destroying our joy in Christ and driving us out of our home with relentless lies about us to anyone who would listen which included our friends, the homeowners association, the police, the courts, the newspapers and the Internet. 

There are several slanderous and very biased, shameful news articles written about us that were motivated by retaliation and polluted with lies. The articles were all written by the same reporter and are an example of sloppy journalism full of gross misleading misrepresentations and false light with key omissions in presenting the truth. There is a mountain of evidence which includes numerous police reports, the neighbors videos, our security camera videos, and a judge's ruling that clearly show that sounds coming from our home are and have been reasonable and that all arrests were false and based solely on lies to the police and abuse of fraudulent restraining orders obtained through perjured testimony. These articles passed up an opportunity to discuss really socially relevant and newsworthy issues like violations of first amendment free speech, a broken legal system, and the easy abuse of restraining orders in preference for mindless tabloid journalism! It is ethically and legally liable and reprehensible to print slanderous and false news articles alleging a "noise beef" between neighbors when the journalist was aware of the fact that the neighbors being accused (us), at the time were under a nearly 3 year illegal gag order from making audible amplified sound.

There is also a malicious, false, slanderous and fraudulent Myspace account trying to sabotage our home business.


These neighbors have even shamefully tried to sabotage our friendships. An example of this is when a friend's mom and son were visiting our home and our friend got a call at work by our neighbor, lying to him and telling him that a huge fight had broken out between us and his mom. Our friend left work in a panic and rushed over, only to find us all happily playing and laughing.

These neighbors have repeatedly committed perjury, lying to the police and judges to obtain two fraudulent restraining orders with the intention to abuse them to have us falsely arrested based solely on their false statements to the police. In every false arrest they managed to pull off, the police themselves never witnessed anything first hand. They lied so badly that there was never probable cause so many of their attempts at false arrests failed but several times they got lucky and got a clueless police officer who obliged them.

The attacks on us have also included serious repeated harassment both by yelling out slanderous and derogatory insults about us and our faith, profanity, mocking us, and making vulgar gestures (the middle finger). 

They have engaged in criminally stalking us by taking hundreds of videos of us on our property and inside our house in a state of normal enjoyment of our home, doing innocuous things like bathing our parrot Funshine and planting plants, and then accusing us of trying to harass them by doing these everyday normal activities which were most of the time very far away from them. The most disturbing stalking took place as they repeatedly zoomed in on our whereabouts inside our house both day and night and often pointed a video camera and stared at us for long periods of time (up to several hours).

Repeated trespassing onto our property pounding on our door making demands (once in the middle of the night pounding on our wall), serious vandalism including breaking windows and destroying our bedroom with ripe mangoes and poisoning our plants and lawn, death threats and physical injury to us and our home and property have also been directed at us.

Much of this harassment, stalking, and vandalism took place while they had their fraudulent restraining orders against us so we were pretty powerless to protect ourselves. They would mockingly wave to us and say hello, sometimes insisting on us talking to them trying to trap us into violating the order. They would mob us as a group and try to incite a verbal or physical fight. They even would follow us closely and try to block our walking down the street while they had their restraining orders. 

One false arrest took place when one of them who had fraudulently gotten a restraining order for the purpose of using it as a weapon, deliberately stepped in front of me trying to stop me from walking on our street and then lied to the police saying I stepped in front of her. This was done by a false professing "christian" who got another friend and neighbor who is a psychiatrist to lie for her to the police as a false witness. They were stupid enough to do this in view of our security cameras which cleared me so that the charge was later dropped by the prosecutors. But that didn't stop them or the corrupt homeowners association from giving me a steep fine for this incident!

My husband, Eric Davies, was also falsely arrested by these same people based on lies and the very poor judgment of the police officer because Eric had not done anything wrong. Again our security camera videos cleared his good name and the charges were dropped.  

We showed the video to the police who agreed we had good evidence but because they had a witness, arrested me anyway. We spent thousands of dollars on an attorney just to get the prosecutors to look at our security camera videos for these false arrests! Part of their plan was to try to ruin us financially with exorbitant court costs to defend ourselves against their fraudulent abuse of the legal system which drove us to the point of bankruptcy. 

They have tried to implement multiple failed illegal, fraudulent and malicious foreclosures on our home and then wanted us to pay attorney's fees for them! They have also tried to extort many thousands of dollars in blatant fraudulent fees and fines through the illegal abuse of the corrupt homeowners association who at one point had as its' President a person who was not even a homeowner and Board Members consisting of all those who had an evil agenda against us who had not been properly elected!

Based on their perjury, we have had our most fundamental freedoms of religion and speech taken away from us for years in their unconstitutional implementation of an injunction that completely violated our first amendment rights, silencing our ability to use any amplified equipment under threat of arrest with no warning for making an audible noise. This injunction even prohibited us from speaking at public community meetings and our own church under threat of arrest for making an audible amplified noise. We couldn't watch a movie or television show at home with friends or play an electronic instrument or Christmas carols. This applied anywhere we were in the country and whether the neighbors were there or not. It also prohibited our making even the vaguest reference to them. 

Our neighbors took it one step further and fraudulently applied this illegal injunction to normal human speech with no amplification, by lying and having me falsely arrested twice for singing to my parrot inside our house at a barely audible outdoor volume, quieter than the wind, for a reasonable period of time, in the middle of the day. Every time the police had heard me singing they declared it fine, so the neighbors learned they had to wait until I was quiet and then made false statements to a police officer who had not heard anything. The only two arrests falsely alleging noise violation of the illegal and fraudulent restraining order, occurred during the first two weeks of that order being modified before the neighbors became aware that we had interior audio and visual security cameras to prove they were lying. 

 

We have a videotape that 3 neighbors inadvertently made and submitted into evidence premeditating their conspiracy to lie to the police to have me falsely arrested for my singing. We also have audio and video from our security cameras exposing their shameful lies and clearly showing my innocence. (An active fraudulent campaign to abuse the power of the homeowners association was also discussed on this conspiracy videotape.) 

In order to prove my innocence, the state of Hawaii has created a situation where a male public defender and prosecutor will need to view hours of security camera video taken inside my home with private conversations and me completely naked that clearly demonstrates that I did not use any amplification equipment while I was having lunch and singing to my parrot !!! The video also shows that the duration of singing was much less than the flagrant lies told to the police. This is taking place because our public defender has not yet, well over 3 years after the charges were made, filed a motion to dismiss with the judge on the clearly unconstitutional, illegal, unenforceable and void injunctive order that was the basis for my false arrests. The shame, abuse, and violation of our privacy that we have endured at the hands of these neighbors and a severely broken legal system is unthinkable !!! The way they are treating me, you would think I had committed a felony. This blog should be called The Prosecution of a Serial Singer!

They have also tried repeatedly to have me arrested for reading a book out loud to my parrot and singing while watering the garden in the middle of the day and for walking down my street. Their lies succeeded in having me cited on one occasion when they engaged a corrupt police officer to go along but it was later dismissed. You name it, they have tried to do it !!!

 

We have repeatedly pleaded for peace and to be left alone wanting no contact with them. Their response was that the instigator of this vicious war literally plugged her ears and announced that "There would never be peace!" and the persecution escalated. Even when we made the gracious offer to accommodate their needs if we were ever truly bothering them and they told us respectfully, they turned this into harassment, repeatedly yelling at us so we had to withdraw the offer.

 

Even during the time we had temporary injunctions against them during hearings that took 8 months to complete, their harassment still continued. It was evident that the neighbors' lawyers would purposely extend the hearings as long as possible in the hopes of sticking us with outrageous legal fees if we lost. This plan backfired several times and they were stuck with the bill when the judge saw through their plot! They recruited and poisoned as many people as they could to commit perjury for them. It got to the point where no matter how much we told the truth, the odds of our being heard were drowned out by their sheer numbers especially to the police and in the courts. No one would stand up for us out of fear of the army they had recruited in their warfare against us. 

Their unconstitutional injunction forbidding our free speech rights to make any reference to them made it impossible for us to ask neutral witnesses to testify for us at court hearings and when we got falsely arrested. Nor could we correct any lies being told about us by them. We even got a $500 fine by the derelict judge who imposed the order for using the word "their" in an email that was not even a reference to them! We were literally at the mercy of God alone to protect us. God provided us some relief when the Intermediary Court of Appeals, after much delay, finally granted our request for a stay on the portion of the injunction forbidding any reference to the neighbors and that is when the neighbors retaliated by having the slanderous news articles written about us.

Nearly a year ago, we got compelling vindication when a judge clearly stated that our lifestyle in both noise and lights was reasonable and did not constitute harassment, denying the instigator neighbor's unfounded request for an extension on a fraudulent and illegal injunction against us. That judge applauded our untiring efforts to defend our freedom of speech and religion all the way to the United States Supreme Court and our at times "eccentric" lifestyle as being in good company with the brilliant minds of Benjamin Franklin and Bill Gates. 

In the process of this battle, we also been the victims of exorbitant legal fees.  Our neighbors have deep pockets and connections with slimy, well known  lawyers and are very skilled at manipulating with lies and crocodile tears. We could only afford low budget attorneys who failed us repeatedly with their incompetence and malpractice resulting in our losing many court battles we should have won. Our appeal of the part of the injunction that prohibited our making audible amplified noise was so close to be granted that oral arguments were heard by the State Supreme Court and then thrown out at the last minute because of a technical error our attorneys had made. 

The courts and judges in Hawaii (and even some federal judges) are notoriously stupid and corrupt in their arrogant refusal to abide by the statutes and laws of the state, the country and the constitution so our cause has been an uphill battle with only a few precious and important victories. Even when we tried to provide the courts with our evidence that the restraining orders were being abused, a judge refused to hear it in violation of the court rules and this illegal decision was upheld by a court of appeal.

AS TO THE QUESTION OF WHY THIS HAS HAPPENED, I can only guess because my mind cannot comprehend this level of insanity and depravity. It started when we complained about a contractor's noise as he blasted his radio all day, everyday in front of our house. This contractor was a friend of the neighbor who initiated this war against us. The contractor responded by physically assaulting my husband (spraying his face and body with paint) and at the recommendation of the before mentioned crazy neighbor turned the volume of his music UP! He also repeatedly harassed us, threatened us and trespassed on our property. That was when a relentless barrage of daily and twice daily police calls about our alleged noise started, with the police finding our noise to be reasonable.

There are times when our street is very noisy, with construction and loud screaming of some of the 15 children who live on our street starting as early as 7AM including weekends, dinnertime and late night and going on for hours on end in front of our house which we have tried to document. We have actually heard neighbors encouraging the children to be louder just to bother us. The neighbors have in the past also put up a basketball net right next to our property and we have been subject to extremely loud noise as a result of hours of playing day after day. This net was put up after we had been completely silent for a month in hopes of peace. That they put up the basketball net and then repeatedly came on our property to retrieve balls, damaged plants, and had long loud street ball parties late into the night shows how much these neighbors strive to create conflict and chaos. 

We have frequently tolerated extremely loud parties and loud rock music from our neighbors as late as 11PM. One neighbor would regularly blast us with rock music whenever he saw us go outside and then leave with his boom box on for long periods of time. A couple of neighbors parked their vehicles right in front of our house and blasted deafening music with all the doors open just to harass us. They often called the police on us or ordered us to be quiet when we were having worship time and they were making more noise than we were. So the neighbors hypocrisy in making any issue of our noise is astounding !!!

We have objected to neighbors large dogs repeatedly coming on our property and damaging our plants. We have objected to huge piles of wood chips that the fire department declared a fire hazard being stored near our house during a widespread fire in the area. All this was done with an effort at peaceful resolution to problems that had to be addressed, but instead it incited their wrath against us personally out of retaliation.  

We would get falsely arrested or maliciously punished by our neighbors on days we took significant actions to report problems to proper authorities including calling the police on them or when we were trying to document things for our protection against them or the homeowners association. Every time they suffered a legal loss, failed to have their evil plans work, or we called the police on them, they would take severe actions to punish us and escalate things legally and in any other way they could. They would falsely accuse us of doing what we were complaining they had done. Our calls to the police about them became an opportunity for them to lie about us and try to have us falsely arrested, which made us fearful to call the police when we really needed protection. The most sick and sociopathic thing was how happy they were when they succeeded in their evil, doing dances of delight, cheering, and even throwing celebration parties.

We suffer from traumatic stress disorder as a result of the horrors of the false arrests, the malice of the neighbors, and the legal system of abusive police,  judges and lawyers. But the Lord has given us strength of character and always protected us and our hearts where it really matters. We have grown tremendously in our suffering and consider it an honor that God has found us worthy to endure persecution for His name sake. This has been hardest on Eric who has needed to champion our cause Pro se and has been told by a leading attorney in Hawaii that he has a brilliant legal mind. The legal process is so slow and time consuming and hampers our ability to do much else, but with God's grace we persevere. There were times it was hard to get out of bed, eat, sleep or function like a healthy person because of the depression and exhaustion I felt being an endless punching bag. My 4 kitties, our cat and bird rescue work, Funshine (our macaw), and my passionate love and connection with all animals always saves the day. My singing and Bible worship time is also very therapeutic to help me deal with the times I wake up in the middle of the night from nightmares that the police are here to arrest me. Each arrest was very traumatic, being handcuffed and having to post $2000 cash bail or we would go to jail until trial which could have taken months to years in our case. The officers treated me like a common low life criminal and injured me during my first arrest when while I was handcuffed, the female officer lost her balance and nearly took me down, gripping me so hard it caused serious bruises.


My most horrendous experience was the first arrest ever in my life when the police illegally came into my house and 2 male and 1 female officer handcuffed me naked as I was getting ready to take a bath. They planned to carry me outside naked as I desperately cried out and pleaded with them that I had not made any audible amplified noise. And even though it was only the first day of the injunction and those police officers had never personally heard anything, they abused me severely based solely on false and very weak statements that did not even amount to probable cause made by neighbors with no conscience. They also disregarded the fact that two other officers who had already been called out around the same time period that day had determined that we were doing nothing worthy of arrest. One officer had inspected our house at our invitation. 

Having always been good law abiding citizens with no previous arrests, in good standing in the community, with a spirit of excellence and honoring God in all we do, we always complied with every injunctive mandate no matter how much we knew it was void and unconstitutional. 


  Some final thoughts...  

Because we got first pick, we are blessed to have what many have told us is the best property in our development. Most importantly, we are blessed with a saving faith in our Lord Jesus and a life that is rich with joy in celebration of God's creation. We are devout Born Again Christians and with the Lord's help, obedient to His word. Jealousy and religious persecution by our pagan and false professing "christian" neighbors are key factors in their attacks.

In the words of a song that expresses our situation well, "The harder they come, the harder they fall." The more they try to hurt us, the more they just end up hurting themselves...
 

One sort of humorous and ironic example of this and the pettiness of their vindictiveness, was when they heard a false rumor that we didn't like chimes. In one day, several neighbors put up 11 chimes surrounding our house with the intention to drive us crazy. Instead it inspired us to get our own chimes and it only drove them crazy because we are the only ones left who still have them and we love them!

Another ironic aspect of this saga is that the neighbors have done everything they possibly can to drive us out of our home and we have been wanting to move to pursue other more exciting dreams but instead are stuck here defending against their relentless and fraudulent litigation against us.

As long as we are here, we are determined to bloom where we are planted and therefore we refuse to surrender to the darkness and continue to shed our humble light as God's grace allows. Our neighbors expected us to cower in fear and flea as the victims of people who have been empowered by a serious cultural decline in our society to all that is decent. But our resolve to live our dream remains steadfast. 

WE CONTINUE TO SING THE TRUTH BOLDLY DECLARING GOD TO BE THE RULER OF THIS WORLD NOT SATAN! My neighbors have repeatedly tried to silence my love of music, Bible teaching and reading, and my singing praises to Jesus even though their own videos show clearly what a judge has concluded-- OUR NOISE IS REASONABLE !!!  It is consistently well below 55 decibels at our property line (minus ambient noise) which is much quieter than the sound of normal human speech. Most of the time it is barely audible at the property line. We are totally quiet after 10PM. For the most part it is for a short period, a few times a week, in the middle of the day, at a volume that is quieter than the noise around us including other neighbors and even the wind. The police have also repeatedly stated and testified that our conduct and noise is reasonable.

What our neighbors are really objecting to is what we represent, which is the light of God's Truth expressed in song, word, and deed that reveals the true extent of their lost souls without Christ. We have embraced them with grace, love and forgiveness and will continue to pray for their repentance and redemption...