Prosecutor Misconduct No. 1700607284 - 1511582012

Elise Rachel Levy
300 North Flower Street
Santa Ana, California 92703

Reporting Authority

This complaint has been forwarded to the State Bar of California

Statement

My complaint is OC DDA Levy is abusing her prosecutorial power to harm me financially, psychologically and doing so intentionally by unlawfully issuing me a Criminal Protective Order under PC 136.2(i)(1), this specific type of CPO is only issued in Domestic Violence Cases. My case was never DV and I’ve served my sentence, completed successfully all terms of probation, mental health plan, paid all fees and case was adjudicated on 10/28/2022. Levy continues to deny my civil rights to be free and clear of government restraint and is using the CPO as a sword to attack me for no reason with issuing an unlawful CPO, as well as a shield to hide her misconduct and criminal conspiracy for herself and her co conspirators : Detective Brent Emerson, alleged victims Abdul and Farzana Halim. My complaint also alleges OC DDA Elise Levy has violated California Penal Code section 141, subsection (c) , making it a FELONY for a prosecutor or District Attorney to "to intentionally and in bad faith alter, modify, or withhold any physical matter, digital image, video recording, or relevant exculpatory material or information, knowing that it is relevant and material to the outcome of the case, with the specific intent that [it]... will be concealed or destroyed, or fraudulently represented as the original evidence upon trial case 19WF1585. In addition, * Prosecution attorney DDA Levy knowingly and in bad faith allowed FVPD to submit falsely modified and disturbing digital images of Abdul Halim alleged injuries. * DA knew detectives Emerson bypassed the full time CSI unit at FVPD and colluded with him and knowingly allowed Emerson to produce amateur digital photos that are 100% different from what’s stated and reported on Medical Records (I believe that is why the Medical Records were not released until after trial had started, giving Defense no opportunity to study them or to have the opportunity to subpoena Medical personnel to testify that the injuries presented at trial were not at all the injuries presented to medical staff at hospital). * DA willingly, maliciously and intentionally presented these disturbing & horrific evidence as being real and as chief evidence to her case against me. * The DA fraudulently represented these false injury photos upon a trial proceeding knowingly that theses photos were digitally altered and purposefully produced with dim lighting techniques and were staged. *Each of the alleged witnesses were coached and pursued to lie about their alleged injuries. * During trial DDA Levy claimed that Farzan (alleged victim 2) objected to use of her own photos. That was the excuse was on record to say that the alleged victim, Farzana objected to her own photos is further evidence of the lies and deception and maliciousness on the part of Levy. *In actuality, this was DA Levy using her power to not show the alleged Left buttocks injuries photos of Farzana, submitted by Officer Scott because she knew the Medical Records were 100% opposite and the alleged injuries per medical record and report stated it was 2 injuries to the Right Buttocks (not left) * Furthermore, DDA issued 3 year DV CPO unlawfully in an effort to protect herself and co conspirators till 2024 so that by then statute of limitations would be long expired. * To further hide the unlawful CPO, Levy pushed court to seal the CPO per crc 2.550 but did not state reason for seal *Furthermore the CPO was entered in to court records to be sealed and name of alleged victims to be identified under PC 293, PC293.5 as a way to further hide and destroy any and all evidence and information for unjustly reasons. **[PC 293(a) An employee of a law enforcement agency who personally receives a report from a person, alleging that the person making the report has been the victim of a sex offense, shall inform that person that his or her name will become a matter of public record unless he or she requests that it not become a matter of public record, pursuant to Section 6254 of the Government Code. (b) A written report of an alleged sex offense shall indicate that the alleged victim has been properly informed pursuant to subdivision (a) and shall memorialize his or her response.] Obviously this was not only not a Domestic Violence case, it was also not a sexual violence case, however, it shows the lengths DA went to further carry out her deception and used her power and position to further exploit the court and legal system. * But that wasn’t the end, Levy further pushed the court to Dismiss felony charges under PC 1385 In Furtherance of Justice, again without stating reasons; however, it’s reasonable to believe this was intentionally done to destroy the entire arrest record and seal the entire criminal conspiracy for her and her conspirators. In addition to California state law, both malicious (criminal) prosecution and false arrest are recognized as separate violations of a person's constitutional right against unreasonable searches and seizures protected by the Fourth Amendment of the U.S. Constitution. Therefore, I am also alleging Emerson and Levy have violated my constitutional rights. As well as violated: PC 170 -Malicious Prosecution/ false arrest PC 132 -Offering false evidence in a legal trial PC 135 -Destroying or hiding of evidence PC 141 -Planting or Tampering w Evidence And all co conspirators, Levy, Emerson, Farzana & Abdul committed the following: PC 182 -Criminal Conspiracy PC 118 - Perjury, deliberately giving false testimony under oath. Additionally, I believe Abdul (alleged victim 1) is responsible for all injuries to his wife beating both on 6/16 and as photographed and on 6/27. Emerson and Levy also failed their duties as designated Mandatory Reporters and participated in hiding Farzana (alleged victim 2)injuries vs reporting the injuries and brutal attacks by Abdul in violation of * PC 273.5(a) Corporal Injury to spouse I’ve already served my sentence and completed probation and charges have been dismissed, however, I’m appealing because of the continued wrongdoing by Prosecutor. My goal here is to hold those who have disregarded their duties and those who have engaged in a criminal conspiracy and illegally activities to be accountable for their crimes. Here the pics and evidence of a criminal conspiracy are undisputed and clear to see. Having or coaching witnesses/alleged victims take the stand and to mislead jury and court are serious violations and need serious action. I declare under the penalty of perjury under the laws of the state of California, that the foregoing is true and correct. Shahid Sean Saleem dated 5/3/2023

Definition of Offense(s)

Prosecutorial misconduct refers to actions by a prosecutor that are unethical, illegal, or violate the rights of a defendant.


Cooperative misconduct refers to a situation where the prosecutor collaborates or conspires with another party, such as the police, to commit misconduct. This type of behavior can include suppressing evidence, withholding information, or engaging in unethical tactics to secure a conviction.


Destruction of evidence refers to a situation in which a prosecutor intentionally or recklessly destroys or conceals evidence that is material to the outcome of a criminal case.


Evidence that is favorable to the defendant (exculpatory) and could impact the outcome of the defendant’s case (material) is often called “Brady material” because of the seminal 1963 U.S. Supreme Court case, Brady v. Maryland.


"Overcharging" refers to a prosecutor bringing excessive or unwarranted charges against a defendant in a criminal case. This can occur when a prosecutor deliberately or recklessly charges someone with more crimes or more serious crimes than the evidence supports.


Suborning perjury is a type of prosecutor misconduct where the prosecutor encourages or induces a witness or a defendant to provide false testimony under oath in a court of law.


Witness tampering is a form of prosecutor misconduct where the prosecutor intentionally tries to interfere with the testimony of a witness in a court proceeding.