According to the W. Haywood Burns Institute for Justice Fairness and Equity “2019” R.E.D Report (which based its study on data received from the Multnomah County district attorneys office), Black Adults in Multnomah County were 4.9 times more likely as White adults to have a case received and reviewed by the DA's office, 4.8 more likely as White adults to have a case issued for prosecution,4.7 times more likely to be booked in jail for a felony than White adults and Though Black Adults only make up 6% of Multnomah County's population compared to 74% White adults; in 2019-Black adults were a tragic “8.3” times more likely to be held in jail before their trial date.
PROSECUTORIAL RACISM MUST BE ABOLISHED
Prosecutorial Racism is not sustainable! The universe is not filled with racism! The universe (and that includes Multnomah county) is filled and overflowing with enough equal justice for us all! Furthermore, the misconduct of prosecutorial racism will only perish when we unite as One People People to peaceably speak out against those Government officials who have corrupted the principles contained within the boundary's of Due Process.To contribute to the abolishment of prosecutorial racism is why BUSTED IN JUSTICE has been birthed. B.I.J has taken the last year to gather the most potent evidentiary elements of Kelley's horrifically racist case, in order to reveal the disease of prosecutorial racism to the world. The cure to this atrocity emerges when we give a fair and most needed voice to those who the racial disparities are directly infecting. B.I.J is dedicated to being a conduit for that voice. The disparate ones must be heard! Having said that that! We will now present...
THE HORRIFICALLY RACIST RAPE CASE OF
On the early morning of August 14, 2019, at approximately 3: 24 am, Wendy Christine Parris, a White female, accused Themba Hasaan Kelley, a Black male, of kidnapping and sexually assaulting her at “gun-point”. The incident was alleged to have occurred in a motel room in Gresham, Oregon. However, later that same day, the below two vindicating statements were released to the Multnomah County's district attorneys office. Interestingly, the local media did not report them.
“ Based upon a thorough search looking at all hiding locations inside and outside the room, NO GUN was seized and NO EVIDENCE a gun or gun pieces or parts were in room # 208.” Greshams Investigations Division
Greshams finest further stated....
“There was NO FIREARM located inside the vehicle and NO EVIDENCE there was one.”
That's a professional way of saying, “somebody is lying.” Many thanks to the Gresham police department for their honest investigating. With all the negative press out there about the police, we believe its only fair to give peace officers their props when they do the right thing. B.I.J would also like the reader to truly understand what the investigators mean when they say, ”NO GUN AND NO GUN EVIDENCE”.
No means- no firearms accessories such as but not limited to, the firearm itself. No ammunition. No shell casings. No bullets. No magazines. No cleaning equipment. No holsters. No gun boxes or primers. No cases. No trigger locks. No gun safes. No gun parts, tools, targets, receipts or any bill of sale. No gun powder. No videotape. And last- no laptop computer or cellphone gun photographs.
AND THERE IS MUCH MORE
The first time Parris was questioned about “the gun”, it was at 3:55 am. This was during the time that the police were attempting to take Kelley into custody. At this time, she specifically told Detective Walden that Kelley pulled the gun from a “rear-waist-band”. She also told Walden that the gun was pulled out when they first arrived and she attempted to exit the motel room door.(see police report pg.14)
Later on in that same day around 2:15 pm, when questioned a second time by detective Friderich, she said, “maybe” the gun came from the back of Kelley's pants.
In that same interview, Parris also told Friderich, "He pulled me back in ( the window) and that's when he PULLED OUT the gun." But that makes no sense because she had already told another detective that the gun was pulled out when they first arrived to the motel and she attempted to walk out (the front door), not when she "allegedly" attempted to jump out the window. By the way, there was no window jump escape. We will address that later. Keep reading please.
After giving multiple contradictory "when he pulled the gun out" statements and after distinctly saying the gun was pulled from a " rear-waist-band", Parris contradicted herself again only 5 days later at Grand Jury...
DDA Herman: Do you remember where he pulled the gun from or did you see where it came from?
Parris: NO, I didn't see where it came from. It was just there. Like, it was there and then it wasn't.
In a five day period of time, (not weeks, months, or years), Parris's gun story changed significantly. First, it was pulled from a rear-waist-band. Then, only hours later she said, “maybe” it came from the back of his pants. MOREOVER; Parris gave multiple different "when the gun was pulled out" statements. Interestingly, only 5 days later at Grand Jury she says, “NO, I DIDNT SEE WHERE IT CAME FROM,” and also that, “ IT WAS JUST THERE AND THEN IT WASNT THERE.”
This makes absolute sense! After all, the state's own professionals concluded: THERE WAS NO GUN AND NO GUN EVIDENCE. For that reason, these contradictions should have slapped DDA Hermann smack in the face.
AND THERE IS MORE
When Parris was first questioned about the gun, she described it perfectly to both detective Walden and detective Cobb as being a “semi-automatic”. But then , hours later, on that same day when asked by detective Friderich if she knew the difference between a “revolver” and a “semi-automatic”, her immediate and concise answer was- NO. Olivia Ordenes, the last person that was with Kelley in room #208 gave an audio recorded statement to detective Cobb which was that, "she never saw a gun”.
On the evening of August 14, 2019 at exactly, 11:09 pm, DDA Hermann received a conclusive email from detective Cobb which was, “ We did not locate a gun during any of the searches.” The district attorneys office had a shi* load of exculpatory evidence at their disposal. They had to know that Parris was lying. Whatever DDA Hermann didn't see, she chose not to see. This is not rocket science!
AND THERE IS MUCH MORE
Knowing that there was no gun, Kelley's attorney Barry Engle thought perhaps Kelley might not get indicted. Kelley was hopeful as well. However, the indirect, yet blatantly arrogant message back at them was , “YEAH RIGHT!” And furthermore, “So what Parris lied about the gun. We're going to plant a gun into the minds of the Grand Jurors anyway.” Between DDA Hermann and Parris, a gun that the state's own professionals concluded did not exist, was either (directly or indirectly) mentioned no less than 45 times.
Behold DDA Nicole M. Hermann's prosecutorial rampage:
“ And do you remember what kind of gun it was?”
“ And do you remember was he holding the gun?”
“When you get to the bathroom does he still have the gun?”
“And how did you see the gun?”
“ And you said after that you saw the gun again?”
DDA Hermann's reckless prosecutorial rampage at Grand Jury was inexcusable. There was no Gun and No Gun Evidence! And once she realized Parris was lying about the gun, her constitutional duty was to not pursue an indictment. Nonetheless, she was determined to use Parris's gun perjury to prejudice Kelley in the hearts and mind of the Grand Jurors anyway. Through DDA Hermann's flagrant misconduct and repetitious invocation of “the gun”, she deceitfully secured the indictment.
AND THERE IS MUCH MORE
When the SWAT team arrived on the scene, Negotiator Conroy called Kelley's cellphone and told him to exit the motel room with his hands up. He then took a peek out of the motel window and noticed high-powered rifles pointed at the door. Kelley then asked the officer why they had their guns out and didn't just knock on the door? Without hesitation, the negotiator responded,
“ BECAUSE PARRIS TOLD US THAT YOU WERE ARMED WITH A GUN.”
In other words, Parris told the arresting officers , in “real-time”, that Kelley was inside of room # 208 armed with a semi-automatic hand gun. Now breaking out in “ post-traumatic-slave-trade” sweats, believing he was about to be murdered, citing innocent unarmed Black Men recently killed by the police, Kelley quickly
replied, “ I haven't carried a gun in over 30 years. She's a lying b*****!”
On that exact same day Kelley's words were proved to be true. There was no gun and no gun evidence. Detective Cobb wiping his head of sweat after searching all day for a gun.
All he found was King Tut...
During his call with Officer Conroy, Kelley was mindful enough to call his attorney on three-way. Fortunately for him at 5:00 am in the morning he answered, and as Gods good grace would have it, just as Kelley was being hand-cuffed, attorney Engle arrived on the scene. That call may have saved his life. Who knows? What we do know as unequivocal fact is that the district attorneys office turned a “blind eye” to Parris's malicious lie.
NOW LETS REASON
Because Kelley did not have a gun, he could not have kidnapped and raped Paris at gun-point. Furthermore, because Kelley did not have a gun, that means that Parris lied to every officer at that alleged crime scene. And last- dear friends, because Kelley did not have a gun, that means that the first allegation that came out of Parris's mouth was a GOT-DAMN LIE!
ALL BLACK MEN DO NOT CARRY GUNS. PERIOD!
And here is a reality check for Governor Brown and all Oregonians, be they Black, Red, Brown, Yellow or White; because it was proven on the exact day of Kelley's arrest, that he [WAS NOT] in possession of a gun as Parris erroneously alleged; that verifies affirmatively that the district attorneys office did not care in the least bit that Parris's “White” lie, almost cost a “Black” Oregonian his life.
YOU DON'T HAVE TO CALL A PERSON A NIGG** TO TREAT THEM LIKE ONE!
If Kelley would have been White and Parris would have been Black; as soon as it was discovered that a Black-Woman had initiated a false report and wrongfully accused a White man, the state would have demanded his release! In fact, every Got-Damn local media outlet would have un-apologetically reported:
AFRICAN AMERICAN METH ADDICT
PROSTITUTE WRONGFULLY ACCUSES
OREGONIAN AND ALMOST COST HIM HIS LIFE
A mug-shot would have been included, and the statistically proven racist agenda of the Multnomah county's DA's office would have once again been successful in senselessly exploiting the pain and suffering Oregon's Black community. The Gun allegation is the foundation of this case. Kelley was accused of kidnapping and sexually assaulting Parris at gun-point. Therefore, because the gun allegation was proven to be demonstrably false on the same day that Kelley was arrested, consequently, the entire case and indictment has been proven to have been founded on a bullsh**! This is not rocket science folks.
And there's much more...
THERE WAS NO SHATTERED ARM...
“And this guy broke her arm and
she just said-- This guy broke her arm.”
9-1-1 caller D.J
The vicious disease of prosecutorial racism will continue to seep into the karmic wound and womb of our beloved country's Soul if “We The People” do not face it with brutal honesty and unite to deal with it. So lets deal with it.
In the classic and groundbreaking case “NAPUE” ,the Supreme Court, the highest Magisterial Authority in the land stated bluntly and boldly.
A Lie is a Lie no matter what its subject and if it is in anyway relevant to the case the district attorney has the responsibility and duty to correct what he (or she) knows to to be false and elicit the truth. Napue v. Illinois,360 U.S 264
Because the Multnomah county's district attorneys office has opted not to elicit the truth in Kelley's case, Busted In Justice will do it for them. While in the car with Kelley at approximately 3:49 am, Parris alleged that she was texting her girlfriend requesting that she call the police.
9-1-1 dispatcher: Okay. And did she mention anything about weapons or anything like that?
Caller: Yeah. She-- She said he's got a gun.
9-1-1 dispatcher: Did she text you that, too?
Caller: Yes, she did. And she doesn't make up things like this.
That first call was much longer. But it was that specific, “he's got a gun” mantra that the caller chanted for the rest of the duration of that call. Did you notice that the caller vouched for Parris's assumed honesty when saying, “She doesn't make up things like this?” Oh yes Wendy Christine Parris (or Wendy Christine Harsh) does, if you prefer. In fact, in 2018, Parris was released from prison after serving 2 years for “aggravated identity theft”. And recently, on January 25, 2020 (after Kelley's arrest), she was arrested in Clackamas county, Oregon and was charged with possession of meth, aggravated identity theft, “nine” mail thefts and possession of a stolen vehicle. At the time of Kelley's arrest and actually only three hours before she had the police called on him, she was due to be in court, facing a 2 year mandatory suspended sentence if she missed that court date. On that exact morning, it was Kelley who went to jail. She did not! ( Interesting huh?)
BELOW ARE THE ACTUAL COURT PAPERS PROVING PARRIS WAS FACING A MANDATORY 2 YEAR SENTENCE ON THE MORNING SHE CALLED THE POLICE ON THEMBA. THE DOCUMENTS WERE FOUND ON THEMBA'S CAR SEATS.
Wendy Christine Parris's criminal history is saturated with convictions that involve deception, dishonesty, fraud, manipulation, and violence! After being convicted on the new charges she attained January 25, 2020, she is currently serving a 10 year sentence in Coffee Creek corrections. With multiple thefts, multiple forgery's, multiple identity thefts, child abuse and also elder abuse convictions on her record; that callers vouching for Parris's “honesty” was no doubt premature; particularly because she told 9-1-1 dispatch this:
9-1-1 dispatch: Okay. What is Wendy's last name?
Caller: I don't know her last name. I just met her.
Shortly after that call, the next one followed:
9-1-1 dispatcher: What's your emergency?
Caller: Yes sir. I just called about the—I-- somebody on 9-1-1. My girlfriend, her name is Wendy. And this guy broke and she just said she-- this guy broke her arm.
The caller continued to make that allegation throughout the call. However, just like the first 9-1-1 call, there was absolutely no mention of a sexual assault. The caller went on to convey a broken arm and gun-lie combo. ”Please call the cops, she's begging me.” “ She said he broke her arm and he's got a gun.” “ Can you please call the cops, please?”
Your probably reading this and thinking, “ Yeah that's right!” “Call the effin cops already!” “ Dude just broke her arm, right?” WRONG! Sorry folks, that only works when you are reading those racially biased and one-sided polluted publications that seem to pride themselves on reporting a whole bunch of prosecutorial bullshit!!! Nope! Busted In Justice don't roll like that! This is how we roll. On the exact day of those 9-1-1 calls, another vindicating report came tumbling down on the racist head of the DA'S office. And guess what it was??? Somebody named Wendy Christine Parris got an arm x-ray.
08:05xrl Forearm 2 views showed a distal ulnar diaphysis with [SIGNIFICANT CALLUS] and traversing lucency. Normal radius. Imaging reviewed by me and radiology.
And 2 minutes later...
08:07 Discussed the imaging findings with patient who reports that the arm [WAS BROKEN] in a [CAR CRASH] that happened in the last year. Will have RN splint the arm and place in a sling. Kaplan, Alex MD
Once again did one of the state's own professional's come through with another exculpatorial bombshell! And once again did the state over-look it as if it did not even matter. That's prosecutorial racism at its finest! Furthermore, did Parris not know that the medical professional's were going to x-ray her arm, observe the “ calcification” build-up and thus conclude it to be an old break? Thank-you Dr. Kaplan for documenting Parris's arm “ shattering” confessions. We realize that DDA Hermann would have prefered you had not.
AND THERE IS MUCH MORE
Did Parris not also realize that Kelley's defense team was going to eventually get ahold of the below statement issued by Patrol officer Brian Forsberg: “I arrived on the scene and observed the defendant (Parris) placed on a back board from the drivers seat. The vehicle was stopped perpendicular with with the roadway with the front of the vehicle against the concrete barrier. The vehicle had left and front end damage to the vehicle. I observed large scuff marks on the concrete barrier. The vehicle had to have left the roadway to the left to strike the concrete barrier.”
Clarks County Patrol officer, Brian Forsberg March 8, 2019 Case # 9z0301643
THE EVIDENCE IS INDISPUTABLE
Because of Parris's reckless life-style, (possibly nodding from heroine, or speeding from meth), she crashed into a concrete wall, and broke her left arm.(as confirmed by the statement she gave Dr.Kaplan months later) Because this accident was solely her doing, the Clarks County, Washington patrol unit charged her with, “driving with wheels of road,” and gave her a driving infraction. Instead of going to the hospital to tend to her injury, she chose instead to “self-medicate” and continue on her drug-using spree. Fast forward four months later to the morning of Kelley's arrest, which was also the same time she was due in court facing a mandatory 2 year suspended sentence; Parris would use the remembrance of her car-crash induced broken arm to con the Gresham's police department and initiate a second false report therefore buying her time not to go to prison. The first false report of course being the magical gun that was “just there and then it wasn't there.”
But for all of those detective minded doubters who are still like, “Well, maybe Parris thought her arm was broken (in the exact same spot) a second time. Come on man, we gotta consider that right?” We get it. Kelley's a Black-Male and sadly so, Black-Male's have to work four times (or more) harder to prove their innocence. “And hey! Why not see if we can squeeze him into the state's racially bias box of bullshit? So what the evidence says he won't fit! We're the state and above the law, right???” WRONG!
ALL BLACK MEN ARE NOT VIOLENT
On the day of Kelley's arrest, Parris reported to detective Friderich that she realized her left arm was broken because it “burned,” and was “painful,” and she heard a “popping” sound. However, the motel video footage that the police recovered sings an entirely different song. Parris is seen leaving the motel at 3:39am. On the video, she painlessly uses her left arm to close a motel room door behind her. She painlessly uses her uses her left arm to support her enormous 15 pound cat that she carries 50 feet to Kelley's vehicle. She painlessly uses her left arm to also carry what appears to be her cellphone. During this time as her left arm is either carrying something or effortlessly swinging back and forth, not once does her face ever display the slightest look of discomfort. In short, she exhibits absolutely no pain whatsoever in this video. Of note, this was at least an hour and a half after she claimed that her arm “burned” and was “painful” and she heard a “popping” sound.
EVERYONE KNEW PARRIS WAS LYING
Detective Cobb told Kelley's attorney that it was an old break. Dr. Kaplan and the radiologist, and the rest of the Mount Hood Legacy medical staff knew it was an old break. Everyone knew it was an old break. That's the officers, the detective's, the doctors, the nurses, Kelley, Kelley's attorney Barry Engle, District Attorney Rod Underhill, God, Gods Angels, and yes...last but not least, Deputy District Attorney Nicole M. Hermann. Indeed, everyone in the judicial universe of Kelleys case knew good and darn well that it was an old break! That is...everyone except, the Grand Jurors that returned the “true bill” that was used by the DDA to indict Kelley. To our grave disappointment, all the Grand Jurors had to rely on was the DDA's deliberate deceit and the purposefully presented AND uncorrected perjured testimony of Wendy Christine Parris.
DDA Hermann: And so I'm jumping ahead, I know, but what—what is wrong with your arm?
Parris: Its broke. It-- I mean its SHATTERED.
DDA Hermann: Okay.
Parris: From like, wrist to here.
DDA Hermann: Okay. too--
DDA Hermann: And as far as you know, is-- did that broken arm happen during this altercation where you're trying to get away.
DDA Hermann: Okay. And it wasn't broken or injured before you got into that motel room?
At Grand Jury, Parris's story became outrageously false. Her arm was not “SHATTERED” and the medical records confirm that. The arm was not broken during an altercation in the motel room as confirmed in the motel video footage. It was broken or injured before she got into that motel room as demonstrated by the medical reports, Parris's own statements in the reports, the calcified break, as well as the “car-crash” report issued by Clarks County, Washington Patrol.
THE FOLLOWING QUESTION INDICATES STRONGLY THAT PROSECUTOR HERMANN KNEW AT GRAND JURY THAT PARRIS'S TESTIMONY WAS DEMONSTRABLY FALSE:
DDA Herman: All right. And so your arm-- can you feel it at this point or is it—do you not feel that until later?
Parris: No, I wasn't really—yeah—I mean, now that-not yet.
DDA Hermann: Okay.
Parris: I mean yeah.
State prosecutor Hermann's question, “Do you not feel it until later,” makes no sense unless she had already reviewed the motel video footage and had seen Parris walking from room # 208 to the car without pain.
Moreover, no one would ask someone who just said their arm was “shattered from wrist to here”, if it didn't hurt until later unless they had a reason to believe the person didn't exhibit any pain. What Parris should have said was, “No, I wasn't really, yeah- TELLING THE TRUTH.”
Did you also notice that Parris concluded her answer by saying " I mean yeah." In other words, first Parris said, "No, I wasn't really—yeah—I mean, now that-not yet, ( feeling pain)" but then she said she did feel pain. This was all in the same sentence. Who does that! Who forgets if they felt pain or not when their arm suffers an acute fracture? DDA Hermann's questions made no sense; and neither did Parris's answers!
INDISPUTED PROSECUTORIAL MISCONDUCT!!!!!!!!!!!
In that same very odd sequence of questioning, DDA Hermann asked,
"And as far as you know, is-- did that broken arm happen during this altercation where you're trying to get away."
Parris then immediately replied with the simple answer "yes." DDA Hermann then followed Parris's answer by asking the "same" question in a "slightly" different way, "Okay. And it wasn't broken or injured before you got into that motel room?" Hermann's follow up question to Parris makes absolutely no sense! Parris already answered Hermann's question by saying, "yes" her arm was broken in the motel room. Therefore, why was it necessary to ask Parris the same question twice, unless DDA Hermann was aware of Parris's statement to Dr. Kaplan which was, "Discussed the imaging findings with patient who reports that the arm [WAS BROKEN] in a [CAR CRASH] that happened in the last year."
It is also very peculiar that Hermann led with "And as far as you know". Parris accused an arm break. Every last one of the state's professionals that were involved knew that. Parris further accused that the arm break occurred in room #208. Every last one of he state's professionals also knew that. Parris told this to 911 dispatch and also, all the arresting officers at the alleged crime scene on the day of the arrest. The specific's of this allegation was also written all over the police report. DDA Hermann was very aware of this days before the Grand Jury convened and she admittedly had the police report in her possession at Grand Jury. DDA Hermann's lead, "AND AS FAR AS YOU KNOW", therefore, MAKES ABSOLUTELY NO SENSE; particularly, when EVERYONE, involved (including DDA Hermann) "KNEW" that that was EXACTLY what Parris had accused.
PROSECUTORIAL MISCONDUCT DEFINED:
An illegal act or failing to act, on the part of a prosecutor
In jurisprudence, prosecutorial misconduct is "an illegal act or failing to act, on the part of a prosecutor, especially an attempt to sway the jury to wrongly convict OR INDICT a defendant. It is similar to selective prosecution. Prosecutors are bound by a sets of rules which outline fair and dispassionate conduct.
AS BASURTO CASE LAW SUCCINCTLY STATES, IT WAS DDA HERMANN'S CONSTITUTIONAL DUTY TO HAVE KNOWN THIS: THIS IS NOT ROCKET SCIENCE!
"Today, the grand jury relies upon the prosecutor to initiate and prepare criminal cases and investigate which come before it. The prosecutor is present while the grand jury hears testimony; he calls and questions the witnesses and draws the indictment. With that great power and authority there is a correlative duty, and that is not to permit a person to stand trial when he knows that perjury permeates the indictment.
At the point at which he learned of the perjury before the grand jury, the prosecuting attorney was under a duty to notify the court and the grand jury, to correct the cancer of justice that had become apparent to him( or her)."
NOW LETS APPLY A LITTLE COMMON-SENSE
If someone you trusted told you that they were beat up and raped and that their arm had been broken in a motel room, would you traumatize them even further by asking, "hey, are you sure it wasn't already broken before you got there?"
NO ONE DOES THAT. Yet! That is exactly what DDA Hermann did.
Hermanns question: "and it wasn't broken or injured prior to entering that motel room" PROVES that she had to have known at that point that Parris had perjured herself. Nonetheless, she DID NOTHING to correct it, or bring it to the attention of Kelley's defense team, or the courts attention. On the contrary, what DDA Hermman "INTENTIONALLY" did was use Parris's material perjured testimony to indict an innocent Black Man. DDA Hermanns prosecutorial misconduct is BUSTED! This cannot be disputed. This case must be DISMISSED! Period!
As stated succinctly and boldly by the SUPREME COURT:
"A Lie is a Lie no matter what its subject and if it is in anyway relevant to the case the district attorney has the responsibility and duty to correct what he (or she) knows to to be false and elicit the truth."
Napue v. Illinois,360 U.S 264
MORE "SHATTERING" TESTIMONY
Interesting enough, a day after Kelley's arrest and only four days before Grand Jury, Parris gave this statement to Detective Linsay via text messaging. " The orthopedist just called, sigh. He wants to see me like yesterday. I go Monday and he wants to actually perform the surgery by Friday. Not scheduled by Friday, no, actual surgery by Friday. WTF am I going to do??? I'm homeless! I can barely. I'm totally freaking out right now. I can't have surgery by Friday!!! I'm homeless!!! How am I going to take care of myself??? It's hard enough now and I'M ACTUALLY ABLE TO STILL USE MY ARM A LITTLE! " Bingo! A person who had a freshly acutely fractured arm would absolutely not still be able to use it only a day later. Another very important issue revealed in the above statement is this: Its pretty clear that Parris was hoping that her false accusations would land her a good housing deal. "WTF am I going to do??? I'm homeless! I can barely. I'm totally freaking out right now. I can't have surgery by Friday!!! I'm homeless!!! How am I going to take care of myself???"
When Parris observed that her plans were not working as she wanted then to, she started flipping out.
On the day after Kelley's arrest and only four days before Grand Jury, not only did Parris "bark" at the opportunity to have her so-called freshly broken arm repaired; she actually admits that she was able to use it! Of note: Parris NEVER went and had any surgery's. A week or so after Kelley's arrest she was back on a drug spree and eventually was arrested, jailed and sent to prison. This case is constitutionally insulting.
At the time the Grand Jury convened, DDA Hermann was in possession of the complete medical report where Parris admits that she broke the arm within the last year in a car crash.
There is also enough compelling evidence to reveal that she reviewed those documents. At the time the Grand Jury convened, we also know for certain that DDA Hermann also reviewed the the motel video where Parris uses the arm normally and pain free. DDA Hermann is in possession of the detective's interview where Parris claims that she knew her arm was broken because it, “burned” and was “painful” and she supposedly heard a “popping” sound. At a discovery hearing on January 9th 2019, DDA Hermann admitted she was referencing the police report as she questioned Parris at Grand Jury. In that report, dt. Nathan Hibbs very clearly reports that Parris knew her arm was broken because, "Kelley pulled her arm forcefully and she heard a audible pop!" At the time of Grand Jury DDA Hermann was in contact with detective Lindsay who likely informed her that Parris did not want, or feel the need to have surgery clearly stating," I'm actually still able to use my arm", which clearly proves once again that Parris DID NOT suffer a recently acute fracture. In short, DDA Herman doubtlessly knew that Parris had perjured herself multiple times at Grand Jury, yet, she did absolutely nothing to correct it. In fact, DDA Hermann condoned it, endorsed it and even presented it! " I know we're getting ahead but tell about your arm." In doing this she thoroughly violated Kelley's Constitutional Rights and furthermore allowed an innocent man to remain unlawfully incarcerated. DDA Hermann's injustice is BUSTED!
According to the Black's Law dictionary;
Malicious prosecution occurs when one party has knowingly and with malicious intent initiated baseless litigation against another party. This includes both criminal charges and civil claims, for which the cause of action is essentially the same.
THE FIRST ACCUSATION THAT CAME OUT OF PARRIS'S MOUTH ON "THE DAY" THEMBA WAS ARRESTED WAS PROVEN TO BE FALSE ON THAT SAME DAY: PARRIS SAID THEMBA KIDNAPPED AND SEXUALLY ASSAULTED HER AT GUN-POINT! HOWEVER, THE SAME POLICE FORCE CONCLUDEED; "THERE WAS NO GUN AND NO GUN EVIDENCE." WHEN THE S.W.A.T TEAM CAME ON THE SCENE, SHE SPECIFICALLY TOLD THE ARRESTING OFFICERS AND NEGOTIATOR CONROY THAT THEMBA WAS INSIDE OF ROOM # 208 ARMED WITH A GUN. HE WAS NOT! SINCE WHEN DOES THE DA'S OFFICE ALLOW A COMPLAINING WITNESS TO LIE? BETTER YET, SINCE WHEN DOES THE DA'S OFFICE ALLOW THEIR COMPLAINING WITNESS TO GET AWAY WITH LYING ABOUT A DEADLY WEAPON AND A BROKEN ARM KNOWING THAT THIS COMPLAINING WITNESS HAS A CRIMINAL HISTORY SATURATED WITH OFFENSE INVOLVING LIES ? THIS PROSECUTION IS "MALICIOUSLY RACIST" TO THE CORE!
EVEN THOUGH THE STATE HAD ACCESS TO ALL THE EXCULPATORY EVIDENCE WE OUTLINED ABOVE; DISTRICT ATTORNEY ROD UNDERHILLSTILL OPTED TO RELEASED THIS DEMONSTRABLY FALSE, MALICIOUSLY RACIST AND EVIDENTIARY BASELESS PRESS RELEASE 2 WEEKS AFTER THEMBA'S ARREST. PRIOR TO THIS, NOTHING HAD BEEN REPORTED. IN OTHER WORDS, IT WAS BECAUSE OF ROD UNDERHILL'S DECISION TO RELEASE THE BELOW PRESS RELEASE THAT ENABLED THE SLANDERISH, AND DISHONEST REPORTING TO OCCUR. THIS MAKES THIS PRESS RELEASE AND PROSECUTION OUTRIGHT "MALICIOUS"!
Man, 51, accused of kidnapping, raping, sexually and physical assaulting woman in Gresham, Oregon - 08/27/19
August 27, 2019
Man, 51, accused of kidnapping, raping, sexually and physical assaulting woman in Gresham, Oregon
Today, Multnomah County District Attorney Rod Underhill announced a grand jury returned an 11-count indictment against 51-year-old Themba Kelley for allegedly kidnapping, raping and sexually and physically assaulting a 43 year old woman.
At this time, law enforcement, including the Multnomah County District Attorney’s Office, is requesting assistance from the public in determining whether or not there are additional victims.
Kelley has used the alias of “Themba,” “Themba Kelly,” “Themba Spirit,” “Themba Spirit Kelly,” “Themba Hasaan Kelley,” Themba H. Kelley,” “Temba Spirit,” and “Spirit Themba.”
Based on information developed by law enforcement, Kelley has previously represented himself as a life coach for vulnerable community members, particularly those individuals who do not have a permanent residence.
The indictment charges Kelley with one count of kidnapping in the first degree, one count of rape in the first degree, two counts of sodomy in the first degree, one count of unlawful sexual penetration in the first degree, two counts of sexual abuse in the first degree, one count of assault in the second degree, one count of robbery in the third degree and two counts of strangulation.
According to court documents, this investigation started on August 14, 2019 when Gresham Police responded to the 18300 block of Southeast Stark Street in Gresham, Oregon on reports that a female was being held captive and being sexually assaulted by an individual later identified as Kelley.
During the investigation, detectives assigned to the Gresham Police Department learned that the victim met Kelley on August 13, 2019 at Laurelhurst Park in Portland, Oregon, according to court documents. Kelley identified himself as “Themba Spirit” to the victim, according to a probable cause affidavit. Kelley and the victim spent time together that afternoon while he helped the victim fix her vehicle. The victim told detectives that she went with Kelley to his motel room after he offered to let her shower and do laundry.
Once inside the motel room, Kelley immediately became aggressive and threatening towards the victim and started to assault her, court documents state. Over a period lasting more than an hour, Kelley used a firearm and physical force to rape the woman and to commit other sex crimes.
The victim struggled to get away but Kelley prevented her from leaving, court documents allege. During the struggle, Kelley broke the woman’s arm and strangled her, according to court documents.
Law enforcement learned that Kelley made several threats to shoot and kill the victim while she was being held captive, court documents allege.
At some point, the victim was able to contact friends by phone. According to court documents, those friends called 9-1-1.
The victim escaped the motel room and contacted police as they arrived on scene.
An indictment is only an accusation of a crime. Kelley is innocent unless and until proven guilty.
The victim in this case does not want media contact. The Multnomah County District Attorney’s Office is requesting that media refrain from attempting to or actually contacting her.
THIS CASE IS RACIST TO THE CORE:
AND THERE IS MORE...
On the date of November 27, 2019, in the Honorable Jerry B. Hodson's court room at a discovery hearing, DDA Nicole M. Hermann went on record to say: " I have no objection to records from the broken arm. I can tell you that in the medical records that we do have, she says that the car accident happened in the last year."
A few sentences down, DDA Hermann without knowing it, continues to confirm prosecutorial misconduct: "I've just been going through these (the medical records) as we've been sitting here, and the only mention of it is a note from Dr. Kaplan that says he asked her (Parris) about the imaging findings once he saw the calcification. And she( Parris) reported the arm was broken in a car crash that happened in the last year. So that is the only mention I can find of it to give us a better timeline. I DON'T HAVE ANY OBJECTION TO THOSE RECORDS. I DO AGREE THAT THEY WOULD BE RELEVANT TO THE ARGUMENT AND THE NOTATIONS IN THE MEDICAL RECORDS ABOUT THE ISUUE WITH THE BROKEN ARM. SO TO THAT POINT, I HAVE NO OBJECTION."
At this point in the case, DDA Hermann did not realize that Kelley's defense team was going to be filing a motion to dismiss on issue's relevant to intentional state condoned grand jury perjury and prosecutorial misconduct, specifically related to the alleged broken arm.
Only four months prior at Grand Jury, Parris answered "No" when asked " And it( her arm) wasn't broken or injured before you got into that motel room? ". However, at November hearing mentioned above, only four months later, Hermann admits, "she (Parris) reported her arm was broken in a car crash that happened in the last year." AND MOREOVER, " to that point I have no objection."
That makes it impossible for Hermann to make the erroneous claim "now" that she is oblivious to Parris's perjury. DDA Hermann had to know at that discovery hearing( as she read and then cited Dr. Kaplans report of Parris's conclusive statement) that Parris had perjured herself at grand jury. After all, it was DDA Hermann who asked the damn question in the first place! This case must be dismissed! DDA Hermann and Wendy Christine Parris's INJUSTICE HAS BEEN BUSTED!
There are a plethora of case law to support B.I.J's position!
Basurto 9th Circuit Case Law succinctly states: Whenever the prosecutor learns of any perjury committed before the Grand Jury, he or she is under a duty to immediately inform the court and the opposing counsel and, if the perjury be material, also the Grand Jury in order that the appropriate action may be taken.
Haskell Case Law succinctly states: At root is how can a defendant possibly enjoy his right to a fair trial when the state is willing to present (or fails to correct) lies told by its own witness and then vouches for and relies on that witness's supposed honesty in its closing?”
Roth Case Law succcinctly states: What makes a Governments knowing use of perjured testimony different is that it involves an elemeny of deceit, which converts the issue of indictment evidentiary basis to fraudulent manipulation of indictment evidentiary basis to fraudulent manipulation of the Grand Jury that subverts its independence.
Gigilio Supreme Court Case Law succinctly states: As long ago as Mooney v. Holohan, 294 U.S. 103,112 (1935),this court made it clear that deliberate deception of a court and jurors by the presentation of known false evidence or testimony is incompatible with “Rudimentary demands of Justice”
Trombetta Supreme Court Case Law succcinctly states: The most rudimentary of the access-to-evidence cases impose upon the prosecution a Constitutional obligation to report to the defendant, And to the trial court [ WHENEVER] government witnesses lie under oath.
THE DIGNITY OF THE UNITED STATES GOVERNMENT WILL NOT PERMIT THE CONVICTIONS OF ANY PERSON ON TAINTED TESTIMONY. PERIOD! SuPREME Court Case Law Mesarosh v. United States
What DDA Hermann did at Grand Jury was inexcusable! She deceptively used the "VISUAL EFFECT" of Parris's FULLY CASTED ARM TO CAUSE IRREPARABLE PREJUDICE to Kelley. Any caring human being would have looked at Parris and "assumed" Kelley was guilty simply by seeing this poor homeless woman enter the court room with a fully casted arm "from wrist to here". Hermann intentionally played to the unconscious racial bias of a most likely all White Grand Jury and effectively used Parris's gun- lie and broken arm perjured testimony to paint Kelley as a Gun-packing, arm-breaking Black-Male, who preys on vulnerable, helpless, middle aged, homeless, drug-addicted, cat-loving White Women and rapes them. How utterly racist! It is because of this form of fraudulent and unconstitutional prosecutorial bullsh**, that the racial and ethnic disparities in Multnomah County continue to thrive. Kelley's arrest date was August 14, 2019. It was in 2019 that the W. Haywood Burns Institute very effectively revealed; though Black adults only made up 6% of Multnomah county's population, compared to 74% White adults; Black adults were a tragic “8.3” times more likely to be held in jail before their trial date. To contribute to the abolishment of the above Fourteenth amendment violations, is why BUSTED IN JUSTICE has been birthed and has taken the last year to gather the most potent evidentiary elements of Kelleys horrifically racist case, in order to reveal this prosecutorial disease to the world. The cure to this atrocity emerges when we give a fair and most needed voice to those who the racial disparities are directlty infecting. B.I.J is that voice. IT IS...
B.I.J IS PULLING THE "RACE CARD" WITH NO APOLOGY
With no apology, nor hesitation is B.I.J pulling the race card. Moreover, how dare absolutely anyone complain because we are. Until this nonsense dies, every citizen in Oregon and abroad, ought to be pulling the race card! By the time the Grand Jury convened, the state knew good and damn well that Kelley was not in possession of a gun, nor had he “shattered” Parris's arm as she erroneously alleged. But all Black-Men are violent and carry guns, right? And if that's true, it stands to reason that they must also be rapist, correct! If we are brutally honest, that is the exact narrative DDA Hermann subtlety and deceitfully pushed down the trusting throats of the Grand Jurors. The district attorney's office has given a “white” complaining witness a “ TELL LIE PASS” and that is even when the first 2 accusations that came out of her mouth were thoroughly debunked within the first week of Kelley's arrest. And on top of that! Within that same week, the state also knew that Wendy Christine Parris's criminal history was drenched with convictions all involving deception, dishonesty and fraud. Kelley is a Black-Male. Black-Male's ancestors fought and died so the Constitutional privileges afforded to everyone else would also be afforded to them. Nonetheless, Black-Male's are being inhumanely herded through the system like no other! So you damn right we are pulling the race card; and we will continue to do so until this sh** dies. The voice of prosecutorial racism will only perish when we unite as one voice and exercise our First Amendment Constitutional Right and courageously and peaceably speak out against those Government officials who have corrupted the principles contained within the boundary's of Due Process. The intentional condoning, endorsing and soliciting of perjury is the greatest 14th amendment violation possible. Sprinkle a little racism on that violation and the Dark Womb of Justice that birthed equal Justice itself becomes justifiably pissed!
AND THERE IS MUCH MORE...
THERE WAS... NO WINDOW JUMP ESCAPE ATTEMPT
Piece of Fabric( lie) # 3
Detective Nathan Hibbs reported:
“ She( Parris) said she shoved the screen out of the
window and got about [half of her body] out the
window before Kelley dragged her back in by the legs.”
Parris's above allegation is absolutely nonsense. This is no disrespect to her person, but this is clearly “tweeker testimony.” That is testimony given by someone who is “tweeking” due to meth usage and is just making sh** up each time they speak. Parris did not jump out of any windows. Furthermore, DDA Hermann knew by the time the Grand Jury concluded, that this to was another lie.
There is clear video footage which covers the window from the time Parris enters room #208, until the time she comes out. No human body is ever seen “ half way out the window” as she alleged. Rather, shortly after the screen pops out, Parris's “cat” jumps out of the window and is on the motel landing walk way with an extendable leash on. On the day Kelley was arrested, Parris gave the below statement to detective Friderich:
“And my cat was in the window. And the window was open; and again, looking back, I opened the window when we first got there cause he( the cat) likes to lookout the window.”
According to the above statement, Parris herself confirmed that it was indeed her cat that was in the window during the same time that she claimed to have made her flight attempt. At Grand Jury, Detective Cobb confirmed that it was indeed the cat that was in the window.
Detective Cobb: Okay. Now we're at 2:41 am and what I am not showing you here is you see how the screens all the way out right now?
Grand Juror: Mm-hmm.
Detective Cobb: Can you tell that? What video I did not show you was that [the cat actually jumped out of the window] and created that. So that was not created by any-body else but the cat. Just so we are clear about that. Detective Cobb
To echo the words of detective Cobb, please allow Busted In Justice to be clear! Unless Parris transformed into a cat and jumped out of the window, she is lying again. What is even more disturbing is that DDA Hermann was present when detective Cobb made the above statement; yet, she ignored it; this means once again, just like with the gun and broken arm nonsense, prosecutor Hermann defiantly disregarded the findings of the state's very own professionals. Is this not how prosecutorial racism works?! Is this not the state really saying, “He's Black- she's White, he must be guilty!” How many “tell lies” passes does Parris get???
FOR ALL THE ONES THAT ARE STILL DOUBTING.THERE IS MORE
According to Parris, directly after the alleged rape concluded, Kelley immediately requested that she contact her friends in hopes for them to land a three-some. According to Parris, it was allegedly for this reason that they left the motel, got into the vehicle and road up the street in order to locate Parris's friend. Not able to find Parris's friend, they stopped at a 7- Eleven and within 3 minutes of being there, Parris alleged that Kelley was able to convince Olivia (a random female that neither one of them knew) to come back to the motel with them to party.
Of note: Olivia Ordenes reported to the detectives later that day that she thought Parris may have been jealous. She also reported that she never saw a gun.
Let us continue:
Parris further alleged that it was during this 3 minute period at 7-Eleven, that she began texting her girlfriend and her girlfriends husband requesting that they call the police and also come rescue her.
The motel video footage captures the rescue
Just arriving back from 7-Eleven, the video displays Kelley, Parris and Olivia exiting the vehicle. The video displays Parris standing next to the vehicle, as Kelley and Olivia both walk towards room #208 with neither one of them paying any attention to Parris. A couple of minutes pass and Parris seemingly upset, jumps into her vehicle (which was parked right next to Kelley's) and peels out of the parking space. As this is happening the video displays Mr. Cisco (Parris's girlfriends husband) walking through the motel lot towards Parris's vehicle just as it is peeling out. He is in hot rescue pursuit. Rightfully so, he believes that a woman has been raped.
The video displays Parris's vehicle abruptly stopping and Mr. Cisco hops into Parris's vehicle. The video displays Kelley and Olivia continuing on to the motel room, as Parris and Mr. Cisco peel out of the motels lot. In other words, it was Mr. Cisco and also his wife that were in Parris's presence no more than 20 minutes after Parris' was allegedly sexually assaulted. Based upon the above evidentiary reality, it would seem that Mr. Cisco would no doubt be an excellent witness to support Parris's claims, right? WRONG!
MR. CISCO WILL BE TESTIFYING AGAINST PARRIS
On the date of February 28, 2020, Kelley's private investigator Rick Gove of “Gove Enterprises Inc.” went and met with Mr. Cisco and his wife. This is what Rick reported: Mr. Cisco said he doubted the validity of Parris's claims. I asked Mr. Cisco why he doubted the validity of Parris's claims. He said she was claiming she was beaten up and that her arm was broken, but to him she didn't look like she was beaten up and her arm did not seem broken. Mr. Cisco said he recalled she lifted up his very heavy leather jacket that he had that morning, which would have been impossible or extremely painful if her arm was broken. Mr. Cisco also said that he also observed Parris banging her arm against the car believing that she was actually trying to injure her own arm.
Mr. Cisco said based on his experience of getting to know Ms. Parris since the event occurred, he now sees her to be an extremely dishonest person. He said that he has watched her lie and con people many times. He said she even lied and scammed he and his wife. He said she stole the title the title of their car and soon after it was also stolen. (One of Parris's current charges is a possession of a stolen vehicle)
Mr. Cisco went on to say that two weeks after the incident occurred, Parris told him that she made up the sexual assault she alleged against Kelley because she hates all men due to something that occurred to her in prison. Mr. Cisco said is wife, expressed she is fearful to speak to me because she does not know what Ms. Parris might do to retaliate if she talked. Mr. Cisco said he would definitely be willing to come to court to testify against Ms. Parris. On Saturday, March 7,2020, I made contact with Mr. Cisco again and served him a trial court subpoena.
Sincerely, Rick Gove
Gove Enterprises Inc. Investigations
704 Main Street- Suite 305-1
Oregon City, Oregon 97045
Parris, un-apologetically stole the personal belongings, the cell-phone, the identity's and the title and vehicle of the very people who came to help her. She also scammed various people in their presence. She also told them that she lied about being sexually assaulted by Kelley.
WE ARE NOT SHOCKED IN THE LEAST BIT
Mr. Cisco's statements only confirm what the state already had confirmed on the day that Kelley was arrested. His statements simply debunked the bullshit that had already been debunked! What he did was to echo perfectly the exculpating evidence that was already smacking the DA's office directly in the face. Parris led with the perfectly packaged societal approved negative Black-Male profile, and the DA's office did not hesitate to run with it.
If you cant smell “PROSECUTORIAL RACISM”, then maybe your common sense nostrils are clogged up. Or maybe you're so use to the scent of racism, that you simply cant smell it anymore. You know, like the guy in the room, who everyone else knows smells horribly, but he is so use to his own odor that he cant tell that he stinks. Thats how prosecutorial racism is! Certain (not all,but certainly too many) prosecutors have been getting away with it so long that it seems (smells) normal to them; but everyone else in “the court room of common sense” knows that it stinks horrifically. The prosecutor who wreaks heavily with the disgusting scent of prosecutorial racism will of course say, “ Oregon is very liberal. I have many Black friends. How dare you call me a racist! I'm not a racist.! I'm not a racist!” And all the rest of us who have crossed over the bridge of American dreaming and have finally awakened to the promise land of reality will quickly reply, “ Yes you are my friend. Accept reality. Wake the fu** up and be free! We don't hate you,but you lost this one- Let our brother Themba Hasaan Kelley GO!