Expert: Dick Rogers - 1/6/2008

Question
QUESTION: Dick,
I had asked you a question awhile back, and was wondering if I could get a follow up answer. I will attach at the end of this message the original question.  

I was assaulted by a girl in a public library. They had dropped my case.  You said I should take it back to the watch commander and have them take another report on it.  They did not let me see the watch commander, but you were right, the original notes were not completely correct.  The officer that I spoke with did re-issue the report back to the court but they again rejected it because "no one actually saw her" punch me.  Although the security guard witnessed her trying to run away. I was yelling for him to stop her. The officer that came to the scene that day took pictures of the bruise developing on my arm, and I had a friend take pictures later that night; the bruises by then had turned blue, very distinct marks, two in a row from the knuckles.  Their "excuse" for not helping me was that no one actually saw it, and they said "we have people everyday coming through here lying."  It was in Long Beach, CA.  Does that mean I have absolutely still no rights?  And, I asked them why I could not make a citizen arrest, they said "we don't do that here."
Can you in anyway direct me further?  I have suffered from this greatly, and still am.  I don't feel that it is the thing to do, to just "drop it", like I had mentioned before, one of the officers suggested!
Thank you in advance for any further instruction.
P.S. Here is the original story...

I was waiting to use the public computers that are offered in the library, and got into "words" with a girl there. She was yelling at me, and trying to argue with me about the waiting line for the computers.  I argued with her for a short time then realized that she was not the "reasonable" kind.  I tried to tell her to stop yelling at me, to leave me alone, and that I did not know her. She continued to yell at me.  The employee who was supposed to be at the desk was not there.  I started to
try to leave and to get on the elevators to vacate the library.  She chased me down, in the library, stepped infront of me yelling right up in my face, preventing me from getting on the elevator to exit.  She then shoved me, and punched me in the arm real hard.  I yelled for the
security guard, and she and her daughter started running out of the library.  I told the guard there to stop her, then I made him call the PD.
When the PD showed up, I stated that I wanted her to be taken to jail for what she did.  The policeman told me that was up to his decision.  In any event, she lied to him and said she just shoved me and did not
punch me.  He just gave her a ticket to appear in court, I was told.  There was a bruise developing on my arm that the police man took pictures of, and by nightfall there where two blue knuckle marks on my arm where she had punched me.  I had some people take pictures of the bruise that had developed.
Since that, I have contacted the PD and was told the case was dropped, and if I wanted to do anything about it, I could try small claims or a civil case.  The reason given was because there was no witness apparently.  Although the pictures clearly showed the bruise developing and
later that night the two knuckle marks. What can I do about this?  Isn't this illegal?  How can a person get
away with assaulting someone like this in a public library, and the victim not even getting a court date?  I have suffered from this greatly because I am already sick from PTSD and Fibromyalgia.  I can't believe that they could just drop this.

Leah Digiallonardo


ANSWER: Leah, wow, this thing has escalated somewhat.  First off, if what you said occurred...that the officer said we "...we don't do that here"  regarding citizen's arrests, he is out in left field.  A citizen who has been battered (battery), which occurred to you, if the assault was not witnessed, may make a citizen's arrest of the offender.  If you feel strongly about this...as I think you do, I would go the Long Beach P.D. and, since they would not let you see the watch commander, ask to make an appointment with the Chief of Police.  When you get this opportunity...spell out that you feel you rights have been violated all along the course of this incident.  You have photos of your injuries and would have the testimony of the security guard relative to the girl running off.  I would also suggest you ask the Chief for an explanation as to why you could not access the watch commander...this is ludicrous.  If you get no response that you feel adequate, go before the City Council and speak to the problem during the "public input" section.  I think you would be doing yourself some justice and for those who might experience the same type of problem in the future.  Good luck!

---------- FOLLOW-UP ----------

QUESTION: Dick,
Can I ask you one more thing?  How long do I have to continue to work on this?  Is there a cut off time or something where they will just toss the file out? It happened July 29,2007. Yes, this is absolutely ludicrous.
Thanks again.

Answer
Leah, there is no time frame on malfeasance...it should be of great interest to the Chief of this department to realize that some of his people are not doing their jobs correctly.  For one of his officers to say that "...we don't do that here" regarding citizen arrests, tells me that some remedial training in needed and hopefully the chief of police would take an interest in seeing this done.  You might start with he chief of police and tell him or her that if you do not get satisfaction you will take the matter up with the city council.