Tuesday, 28 November 2023

Neasham: Anderson not qualified to be judge

Don Anderson in my opinion isn't qualified to be Lake County Superior Court judge.

As a lot of you know and for those that don't I was arrested, tried, convicted, then exonerated for a crime that wasn't even a crime in the first place. I sold a lawful Insurance product to a client and she made over $42,000 on her annuitization value in about three years with $175,000 investment. The Lake County DA's Office charged me with larceny because they felt I should of known that my client had the onset of dementia Alzheimer's at the time of the sell.

Two months after the sale the DA's Office interviewed my client and my client told them that she bought the annuity for tax purposes and nobody forced her to do it and she did it by her own free will and choice (I have the DA report), and if I would have known my client had any such problem I wouldn't of helped her which is irrelevant anyway because she wasn't conserved and it wasn't a crime in the first place. (FYI if I would have known she had any such problems again I would never have helped her.)

What they were saying is if you're in sales or service and you help somebody with a product or service over $950 the state could of come back and arrest you for larceny up to three years after the sale. That would negate and destroy the free enterprise system. (Ironically recently there was an article on The Drudge Report that said that dementia or Alzheimer's begins at birth.) I'm not making excuses just throwing that out there.

As funny as this may sound I believe Judge Martin, Donny Anderson, Rachel Abelson and Jon Hopkins – who was the one that filed the frivolous suit but Don Anderson had the opportunity to dismiss it – need to go back to law school and relearn the definition of larceny. The appeals court said that if you sell somebody something of equal value how could that be a taking and how could that be a crime? They said that larceny is a specific intent crime requiring the intent to steal and said that that there was no evidence that defendant made any misrepresentations or use any artifice in connection with the sell, and that the defendant appropriated the elders funds to his own use or to the benefit of anyone other than the client herself .

And somehow the Superior Court forgot the intent part in the jury instruction and the appeals court said there can be no doubt that this error was prejudicial the emission of an essential element of an offense when the courts instructions is an error of constitutional significance since the defendant is entitled to a jury findings they're all elements have been proved beyond a reasonable doubt.

My case was unprecedented; never in the history of this nation has anything ever like that gone to trial.

Even after the first DCA appeals court reversed and overturned the verdict three to nothing the AG's office tried to appeal the Appellate Court's decision and the California Supreme Court thought the case was so ridiculous they wouldn't even hear it.

This is why I don't believe Don Anderson should become the next Lake County Superior Court judge because he has the potential and authority to destroy you, your family, and your business and arrest and try you for something that wasn't even a crime in the first place if they chose too.

A matter of fact, when I went back to court to be exonerated for this frivolous non-crime the judge says I'm free to go and that was all after my life was destroyed and turned upside down.

This travesty happening to one person is enough isn't it, and Don Anderson was at the helm of that department that caused it to happen. What if it happened to you in Don Anderson's courtroom? Is he the person that you'd want to judge you in the event that you were put in the same situation or tried in his courtroom?

I still have never received an apology from the DA’s Office, Judge Martin or Rachel Abelson for the travesty that they put me through and I believe they still should and unfortunately I found out six months after the statute of limitations ran out that I could have sued the DA's Office for malicious prosecution.

That's why I voted for Shanda Harry for Lake County Superior Court judge because I don't feel that Don Anderson is qualified.

Glenn Neasham lives in Hidden Valley Lake, Calif.

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