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If you have information regarding the crimes occurring at V.V.U.H.S.D. such as dates and times of the playing of major movies, videotapes that you have made, you have noticed the huge shift in programming since 2/13/04, or just recall seeing major properties being displayed, please email me: vvhusdwhistleblower@hotmail.com |
| My name is Michael Johnson. This is the speech that I made
before the V.V.U.H.S.D.School Board on 2/12/04, clearly detailing the crimes
occurring on their campus. They were also presented with program logs I had
of videotapes I had made off the Odyssey channel at home with witnesses
present, and an offer to make a copy of those videotapes. I originally requested a closed session for this meeting and was told to be there at 9:00 pm. Then I called back a few days later and told them I changed my mind and wanted an open session. I was told the time and date would be the same. Doesn't that strike you as strange? Amazingly, when I gave my presentation, there was no one present except for school district officials, school board members, and their attorneys. Seems they picked the time carefully to insure that the public wouldn't be present. Why? Read on, you'll see. |
Ladies and Gentlemen, I have a great deal of information to convey to you, involving the risk of liability of countless millions of dollars for this school district. For that reason I respectfully request that you give me your full attention.
I have been an employee with the Victor Valley Union High School District in Victorville, CA for approximately 13 years. I have an exemplary work record, which I can demonstrate via paperwork and witnesses. I was one half of the duo that created the Media Center from nothing. Mr. Howard Potter had the vision, I had the know how, we were a great team. I enjoyed my job very much, as I discovered that a position that I took simply as “a job” turned into a most rewarding opportunity to work with refreshing young students, truly eager to learn and improve their lot. I also had outstanding relationships with nearly all, if not all, of my peers, and enjoyed mutual respect with many of them. Additionally, I have had many outstanding relationships with the students of the class, and I believe that I have earned the respect of most, if not all of them. During this entire period, I have received nothing but accolades from those in positions above mine. Until March 31, 2003, that is.
On March 26, 2003, I became aware of serious violations of Federal Felony crimes statutes, occurring right under my nose in my immediate work area. These monstrous crimes had occurred several times daily, seven days a week, for about four years. I currently hold an APCO Radiotelephone license, equivalent to an FCC Radiotelephone license, which is no longer issued. Part of the agreement I signed in receiving this license stated that I would uphold the copyright laws of the United States. My livelihood depends upon this license. As a United States citizen, directed by the following statute of U. S. code:
U.S.C. Title 18, Chapter 1, Section 4 – Misprision of felony
I reported the activity to my immediate supervisor, Gloria McGee on March 31, 2003.
Ms. McGee spent a few days attempting to “hide it under the rug”, and after I made it clear to her that this was much too severe of an instance of crimes to be ignored, she and other district personnel began a harassment campaign against me, which I can document. Over a long period of time, I informed Ms. McGee and Mr. Findling on several occasions that these crimes were still occurring, and in each case they either did not respond, or stated that they would look into it, as they feigned interest in getting together the facts of the matter.
Obviously, they had no intention of stopping it, as it still continued and it does to this very day. At this time it became clear to me that these crimes would never be stopped by these district officials. Prior to my complaint, Mr. Howard Potter had complained about these same Federal Felony crimes to district personnel and personally told me “McGee and Findling have stonewalled me, there’s nothing more I can do.”
This case is extremely complex and detailed, as it involves copyright law. It has been an ongoing battle for 10 months as district personnel sought to stifle me, and there is a large amount of detailed information involved. I have clear cut and irrefutable evidence in the form of physical evidence, witnesses, and a detailed log which I have kept throughout, of thousands of violations of the following federal felony crime committed by R.O.P. employee Jim Hall:
U.S.C. Title 17, Chapter 5, Section 506(a)(1) – Criminal Infringement
This was done in the form of intentional illegal display of copyrighted motion pictures and other similar properties to a large audience, for the sake of profit.
If one were to research this particular statute, they would find that simply one instance of this violation is subject to a penalty of three (3) years in Federal prison, and a $300,000 fine. That would be an indication of the severity of these crimes. I can prove not simply one instance, but thousands of instances of this crime with my evidence, over a period of 4-5 years, committed by Mr. Hall. I believe that these crimes were committed for profit, which enhances the penalties beyond those of which I described. I can also demonstrate that several district officials have been aware of this monstrous violation of Federal law for a period of at least 2 years, and have not only attempted to hide the violations, but have encouraged them for mysterious reasons. Additionally, I was not the first employee to report these crimes to district officers. I know that my previous supervisor, Howard Potter reported these crimes to Ms. McGee and Mr. Findling, another district official, approximately two years prior to my reporting of it on March 31, 2003. He complained to me that he had been “stonewalled” on the issue by those two district officials, and ceased pursuing it. At the time, I did not grasp the gravity of the crimes, nor was I certain at that time that the crimes had occurred, and just blissfully ignored the affair. I now painfully see the truth in the axiom “All that evil needs to flourish is for a few good men to turn their heads”.
How I did I come to the conclusion that these crimes were occurring? Over a period of 4 years I had observed Mr. Hall intentionally displaying many blockbuster movies and similar items to a large audience on the Odyssey cable channel 18. Both Mr. Howard Potter and I were very suspicious of this, and questioned Mr. Hall on many occasions about it. In each and every single case Mr. Hall stated that the copyright had expired on these properties, and for that reason he could display them at will.
Now, after I made the complaint to Ms. McGee, this story changed, as you will soon see.
As long as I’m recalling statements made by Mr. Potter, here’s another one:
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“So I told my neighbor (Name removed for legal reasons), go on down there and hop on the bandwagon. There’s room for everybody on the gravy train.” |
The (Name removed for legal reasons) that Mr. Potter was referring to was (Name removed for legal reasons), of (Name removed for legal reasons). Perhaps you’ve seen some of his commercials on Odyssey. He’s just move to a new, much larger facility, in a much better location. It seems that he’s doing pretty well these days.
Someone else that’s doing very well these days is (Name removed for legal reasons). I know the president of (Name removed for legal reasons), (Name removed for legal reasons). (Name removed for legal reasons) intimated to me one day “(Name removed for legal reasons) is the fastest growing independent (Name removed for legal reasons) in the nation.”
I’m not surprised. Considering the quality of programming used absolutely for free in advertising his business.
Another person that’s doing very well is Mr. Hall. (now tell story about “his back up against the wall when he took job, now buying limousines, etc.)
Mr. Findling, do you recognize the item in the photo which I have just handed to you?
| ****** At this point, Mr. Findling asked an attorney in the seat in front of him if he should answer. |
Note: The school district has been using high-powered attorneys in dealing with me since Patricia Mark announced her retirement. I believe that these may have been supplied by powerful outside interests. Having not received a paycheck since July 1, I have no such luxury, my only weapon is the truth.
I told him not to bother, held them up for the board to see and explained that these were photos that I had of many of the videos that Mr. Hall displayed illegally. I explained that I had confiscated these tapes and others and brought them to my house. I then explained what happened to them after that.
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3/31/03 At 7:30 am I went to Gloria McGee's office and was told she'd be in around 8 am. She arrived around that time and I went in to talk with her. Then I told her about the "Wizard of Oz" tape, and gave it to her. She seemed to comprehend the gravity of the situation. Sometime between the 9 am call and the 2:30 pm call: Gloria called. She said "I talked to Jim and he said that the rights to those movies were owned by K-HIZ, and that they were not going to use them, so they said he could." I replied "We'll see." She said "That's what I thought too." She said that they were continuing to work on it on her end, and we ended the conversation. 4/1/03, 11:00 am Gloria called said "What we need for you to do is come down and turn in your keys. Now you can bring them to the ROP office, that's ok." I said no problem. The dialog: "We also need for you to bring down the tapes." "I can't do that." "Those tapes are stolen from the school district..." "I'm a U.S. citizen who has witnessed a crime and I have confiscated evidence." "You must give us the tapes." "Send the cops to my house. I'll hand them over to them, after we do a detailed accounting and inventory." "Alright I will." 11:05 am Gloria called and said the ROP office would be closed from 11-1. She also stated that she wanted me to call Bob findling about the tape issue. I told her that I would. 11:30 am approx. Called Bob Findley. He wanted to know the story, so I told him. He informed me that I had to turn over the tapes. I explained to him why I felt I couldn't do that. He explained that he was trying to protect me, that the school district would have to charge me with theft. He said: "Why do you want to hang on to the tapes?" "because I don't feel this investigation is going properly. Any TV station in the world would have fired this gentleman on the spot for not having the documentation to back up copyrighted material that he is playing. For that reason, I believe that this may be swept under the rug, and I don't want that to happen." He assured me that he was going to look into it and then said: "Let me explain it to you as your personnel director. I can only help you if you bring me the tapes." And explained how bad it would be if I didn't have him on my side, don't recall the wording. I explained that I received no benefit whatsoever from them, and thought that they were confiscated evidence, which I had every right to do. However, after thinking about it, I told him that I would try & find a way to get the tapes back, without compromising my position. "perhaps I can get some people together as witnesses, copy the tapes, and then give them to you." He agreed that this would be a very good idea, and we ended the conversation amicably. In closing I told him that I would be in touch with him as soon as I figured out what to do with the tapes. He said fine. 4/2/03, 1:30 PM approximately I called Bob Findling and gave this monologue I called you because I last talked to you about those tapes. But I don't wish to go over Gloria's head, so if I am, tell me now, and I'll stop and call her. He said "no, no, go ahead." As I told Gloria, I'm truly sorry to lay this grief on your doorstep. Unfortunately, it's been on mine for quite a while. I really appreciate your professionalism in our conversation yesterday. Your communication skills are impeccable. Because of that, I seriously gave thought to your words. I do wish to take issue with one statement you made, however. You characterized my holding of the tapes as a ransom. I beg to differ, sir. if I had some hate thing towards Mr. Hall, why not go directly to the district attorney with it, get him arrested? This was a multiple instance of felonies to the tune of millions of dollars. It's called "theft of intellectual property rights." It wasn't a mistake, and I can prove that. That would surely remove him. I don't hate Mr. Hall. I don't like him, but I don't hate him. I just wish him away from the kids and me. I'm trying to help the students above all and the district. Sir, could you imagine recklessly and intentionally placing the school district on the hook for millions & millions of dollars? For your own personal gain. Would someone save you? I'm trying to help the district. I have an apco radiotelecommuncation license. That means that the moment I was aware of the fact that the crime was being committed, I had to do everything in my power to stop it. Nevertheless I've reconsidered the tape issue. I contacted my attorney, but he's not specialized in this field, so he's trying to hook me up with someone with more experience. As soon as I talk to that person, and if they say it's ok, I want to get the tapes back to you immediately. I'm busily in the process of documenting them, so that when the time comes I can just bring them to you on the spot. He replied "Great, that makes me very happy Mike." 4/3/03, approx 11:30 am Our attorney called and told me the proper way to document the tapes. 4/3/03, approx. 12 noon - 4/4/03 approx. 11:00 am documented tapes 4/4/03, approx. 11:10 am Called Mr. Findling, received voicemail. Left following message: "Mr. Findling, you said that you would be looking forward to my call about the tapes, and I am pleased to tell you that I am prepared to hand over the tapes to you at any time. I may have a logistics problem today, my daughter has to go to girl scouts, but I'm sure we can work something out. Thank you." End of message. 2:00 pm Approx Mr. Findling called "Mike, I just got in the office, I've been out all day, and I just got your message." "Yes sir, as I told you in the message I have a logistics problem, my wife has the car and I don't have a way to get them to you." He then asked where I lived and asked if I would mind if he came here and picked up the tapes. I replied no problem, gave him directions, and then he asked if we could do it in about 30 minutes to which I replied fine. 4/4/03, 2:30 pm approx. Mr. Findling showed up. We went through the tapes thoroughly, doing an inventory together, I dumped all tapes out of the box and named them off and showed them to him as I placed them in the box, one by one. He checked them off of a list I supplied to him. He kept that list, and signed my identical list. I had him verify that both lists were identical before we started. We then placed the tapes on the back seat of his car. He asked about me, and I explained once again my feelings about working with these gentlemen, and informed him that I had gotten a medical stress excuse good for 30 days. He said "Good, because if you hadn't done that, I'd be sending you another letter in a day or so about job abandonment." I replied "Sir, I wish to tell you that I am prepared to help you out in any way possible, I'll show up at the media center tomorrow if you need me, as long as those other gentlemen are not there. In the meanwhile, I see no other option." He said "I'll be in touch with you on this issue." He then shook my hand and we said goodbye and he left. |
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Mr. Findling, where are those tapes now? ************** Mr. Findling stated "The last thing I know of, I gave them to Gloria McGee." Ms. McGee, where is the “Wizard of Oz” tape that I gave you on 3/31/03? ************** Ms. McGee stated "I gave them all back to Jim Hall, they were his property." |
After observing an act of abuse of students which I will describe in a moment, I realized that I was the only responsible adult that could put a stop to such abuse. But I had observed Ms. McGee on several similar occasions simply come in and say something like “now Jim’s not going to do that anymore”, and I knew that this would go on forever. As I watched “The Wizard of Oz” playing on the Odyssey channel to the public for the umpteenth time, I recalled what Mr. Potter had told me. I then resigned myself to research the copyright on that property and others that I had observed Mr. Hall display. I found that most, if not all of what this gentleman had been displaying for four years was indeed bound by copyright, and that the copyrights were still valid. “The Wizard of Oz” copyright, for example, does not expire until the year 2033, and I have no doubt will be renewed again at that time. An excellent resource for copyright information can be found on the web. It is the United States Library of Congress, www.copyright.gov.
I would now like to detail the abuse that I observed the week of 3/23/03:
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3/26/03 Joe Flores called on students in all three classes, one by one, to find out when they would have money for their t-shirts. These are the t-shirts that he and Jim Hall decided they wanted the students to get. At no time were the students given a choice as to whether they wanted a shirt, and they were not informed at the beginning of the semester that such purchases would be required. When some students stated that they were unable to come up with the money for the shirt, Flores stated in an authorative tone, "Now, we've already ordered the shirts. Do you know what that means? That means that Mr. Hall & I are out $90 for these shirts. That makes me very unhappy." He told another class $200, rather than $90. Same speech otherwise. Several students intimated to me in private that they could not afford the shirts, and that they did not feel it was fair to be forced to pay for something that they were not told about in advance. (Names removed to protect students) and are 2 that I recall. (Name removed to protect student) also told me that he was given absolutely no choice, and was told the purchase was "mandatory".
3/27/03 I personally had a conversation with Mr. Flores on this issue: "Let me ask you something Joe." "What's that?" "Don't you think it's outrageous to require these kids to purchase those t-shirts against their will, without notifying them that they would be required to make purchases like that in the beginning of the semester?" "Well, I asked them if they wanted t-shirts and they all said yes." "You asked all of them?" "Yes." I walked off shaking my head, end of conversation.
3/28/03 Today, immediately after roll call, as the students were still seated at their desks, I observed Mr. Flores call on the students who had not paid their shirt money. One by one in front of the whole class, in bill-collector fashion. A typical exchange went thusly: "So & so, do you have your shirt money?" "no, Mr. Flores." "Well, why not?" (demanding tone)
There were two different types of responses that I witnessed. This occurred with more than two students, but all fell into basically these two dialogs:
variation 1: ...(after some pause)..."I told you the other day Mr. Flores." "OK. We'll give you until Monday. Then you MUST have it in. Do you understand?" (demanding tone) "Yes."
variation 2: ...(after some pause)..."I'll tell you later." "See me before class is over. Alright?" (demanding tone) "Yes." I wasn't privy to the "later" conversation if it occured.
3/29/03 Once again, the t-shirt money roll call. Identical senario. |
| ********** Special note to web readers: Mr. Flores was marched off of the V.V. high school campus by the principal, Mr. Momon in approximately May of 2004. He is now no longer employed there. It would be in your best interest to find out why he was terminated. |
Ms. McGee, at the meeting on June 10, 2003 in Mr. Lundeen’s office, you told me that I felt the students were being mistreated, you felt you’d addressed that, the students were surveyed, no one has come forward with any complaints.
Ms. McGee, can you tell us exactly how you came to that conclusion?
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************* Ms. McGee stated "I'm not going to discuss that." |
Ladies and Gentlemen, allow me to elaborate on exactly what transpired in the cover up of this abuse.
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After I informed Ms. McGee that Hall and Flores were guilty of bullying the students, she had Hall and Flores, with no other adults present in the classroom, hand out forms to the students, making statements such as “now, so & so, you be nice.” These forms had questions on them such as “Did you feel forced to purchase the T-shirt.” And “How would you describe the atmosphere in the Media Center.” Then Mr. Hall & Mr. Flores would glare at the students until they handed the forms back to them. Does anyone here NOT see what’s wrong with this picture? This would be equivalent to the FBI handing a bank robber a similar form and saying “now you go get that bank teller to fill this out, saying you didn’t rob the bank, you stand right there and wait, and then you’ll be off the hook.” I have additional evidence of wrongdoing in this abuse cover up that I intend to present to law enforcement, before the statute of limitations runs out on it. |
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Another recent case of abuse occurred in December of 2002. I overheard Mr. Flores and Mr. Hall plotting against a student, (Name removed to protect student), whose mother is big around town in the school circles. Apparently Ms. (Name removed to protect student) had some complaints about what was going on in the Media Center. They were conspiring to give a project to (Name removed to protect student). (Name removed to protect student) had had problems with them and complained to his parents about it. Since his mother was a school principal in the area, this concerned the gentlemen. I recall one statement in particular: "he'll never finish in time, he'll choke, and then that'll shut up Mama (Name removed to protect student)." This statement was made by Jim Hall. Knowing this, I strove to help (Name removed to protect student) finish his project in any way I could. I also told (Name removed to protect student) that it was their intent that he not be able to finish. He also doubled effort to complete the project. I believe it was the intro/outtro for the Money Matters show. He did complete it in time. It was on a Friday. Near 4 pm, which is our closing time for lab, whenever Mr. Hall decided to stay for lab, he dubbed the tape from the computer. That particular editing suite has a particularly intricate audio system, as either (Name removed to protect student) or myself can demonstrate. Joe Flores or Jim Hall couldn't possibly show you. Neither can anyone else. (Name removed to protect student) accidentally dubbed the tape without audio. He wasn't aware of this. He left after he turned it in. When they put it in the machine and it had no audio, both Hall and Flores laughed and Hall said "that takes care of that." |
I fail to see where this sort of mean-spirited behavior has a place in the educational system.
I was told by Ms. McGee’s secretary to report to a meeting in Mr. Lundeen’s office on 6/10/03. Mr. Lundeen, Ms. McGee, Mr. Hall and myself were present. Immediately upon leaving that meeting, I wrote a transcript of the conversation. It went thusly:
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McGee: We're here to discuss where we're going with the program. We're here to see if there is some way we can work this out. Lundeen: Before the investigation continues, and they haven't written a final report, we did have a preliminary meeting with (don't recall name), an attorney and Mike Defillipo who's an investigator. So they're conducting an investigation, they've interviewed you, I assume? Johnson: I've spoken to Mr. DeFillipo. Lundeen: They suggested that we get together and see if we can resolve this. Before they continue any further with their investigation. That's why we've asked you guys to come on in. so we can discuss this, we need to clean this up. McGee: so you can work together. I know Mike voiced some concerns and we've addressed the concerns, the programming that we have and the things that were copyrighted were pulled off. And that was your concern. Another concern was that you felt the students were being mistreated, we feel we've addressed that, the students were surveyed, no one has come forward with any complaints. Lundeen: So that's where we are. (Long pause) Mike, any response from you? Johnson: I would like to see the investigation continued. Lundeen: ok. jim Hall: My understanding is that they're pretty well done with it. Lundeen: There's just a little bit of a wrap. I can tell you this, that they're not finding anything. But they have not filed a finished report. If there was something conclusive they would not have directed us to have this meeting. Johnson: Nevertheless, I would like the investigation to continue. Lundeen: Say it was found that there was no wrongdoing, now what happens if we go that way? Johnson: Well, I guess we'll cross that bridge when we come to it. Lundeen: ok. are we going to be able to get a resolution, I guess is what I'm... Johnson: Well, i think it's premature, and let's see what the investigation comes up with. Lundeen: You missed what I said, they're not finding anything conclusive yet. Johnson: Well, then we'll continue, and I'll speak to Mr. DeFillipo. Lundeen: ok, and if there's nothing conclusive found are we going to be able to get this working relationship going again? Johnson: I guess we'll cross that bridge when we get to it. End of meeting |
Mr. Lundeen’s statement:
Lundeen: You missed what I said, they're not finding anything conclusive yet.
Was contrasted sharply by these statements made to me by the so-called investigator the very next day:
DeFillipo: At the meeting that I had with Greg and McGee, I said here are the issues that you've raised. I said the 1st issue, which was the use of copyrighted material, you were right, you were correct.
And another statement made by the investigator:
DeFillipo: So I said you're not just raising issues out of the sand. There was an issue about attendance, and the information that I'm getting back is that you're not off base there either. There are issues with attendance, so you've got 2 issues that you've raised, and you were correct on at least 2 of those issues.
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So Mr. Lundeen said that the investigator is "not finding anything." The investigator told me the very next day that he had discovered substance to 2 of the 3 charges I brought forward. |
Another of Mr. Lundeen’s statements:
“They suggested that we get together and see if we can resolve this. Before they continue any further with their investigation. That's why we've asked you guys to come on in. so we can discuss this, we need to clean this up.”
Note: this statement is in regard to the fraud and embezzlement charge I made to him involving Mr. Hall falsifying roll to increase ADA size:
DeFillipo: We've got to get to the bottom of that issue, because the whole thing may be moot, if in fact there's an issue that could result in termination further down the road. I explained to Greg, we need to resolve that issue before we go any further. You need to get to the bottom of that, I figured he'd get to the bottom of it before he had the meeting. I told them not to have that meeting.
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So, Mr. Lundeen tells me that the investigator suggested we should have that meeting, and the investigator stated exactly the opposite to me the following day. |
Mr. Lundeen admitted in front of my representative, Mr. Thomas, at the Skelley meeting that he did make those statements.
5/9/03, approx. 2:00 pm
Mr. Moore showed up at Silverado where I was working the front desk, so of course we spotted each other immediately. We chatted small talk for a bit about how busy he was, the board meeting of the night before, where we had both greeted each other, etc. I asked him "Did you have a fruitful meeting the other day with Ms. McGee and Mr. Findling?" He said that the meeting had been rescheduled for Tuesday. I then said "Is Mr. Findling spearheading this ah, investigation?" He said "He is involved, I don't know all of the details of who is involved and who is in charge." He then explained that there were many such situations in the district where 2 or 3 adults were working together and often there were conflicts such as mine. I interpreted this as a Macavelian technique of shifting the focus from the main issue to a side issue. He then insinuated that perhaps this issue was more gray than black and white and said "this was an instance where no one was hurt." I said "It's not gray. It's entirely black and white. I have presented overwhelming evidence of multiple instances of "white-collar" felony crimes." He shrugged.
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Now, in addition to the other crimes occurring in the Media Center on a daily basis, Mr. Hall has found yet another way to commit crime. At least since February 6 he has been running a campaign commercial for Cynthia Matthews. Here is a transcript of what she says on that commercial, I have many video recordings of it, it airs several times a day: "Hello, my name is Cynthia Matthews. I'm running for congressman, 26th district. Remember to vote, March 2nd for Cynthia Matthews. I support Instructional Television, and you're watching channel 18, Odyssey Instructional Television." She states this while standing in the Media Center with (Name removed to protect student) and another student in the background. Obviously made at the Media Center, with Media Center equipment, and broadcast on Charter Cable channel 18, the educational access channel. Each and every one of these things I mentioned are public facilities. I have given you a copy of California Government Code 8314. I will now pause so that you may read it. (internet readers can find this law here) Do you find the wording of 8314 unclear? I don’t think it could be any clearer. The criminal activity never stops. He has also been running an ad for Proposition S, the same violation. It goes on and on. |
According to my job description, I am charged with maintenance of the very equipment that allows Mr. Hall to repeatedly commit these crimes. In addition, I perform many other duties at the Media Center by way of technical assistance. I assist in production at all levels with the exception of standing before the cameras. Were I even to set foot in the Media Center, I would be guilty of:
U.S.C. Title 18, Chapter 1, Section 4 – Misprision of felony
U.S.C. Title 18, Chapter 1, Section 3 – Accessory After the fact
U.S.C. Title 18, Chapter 1, Section 2 – Aiding and Abetting
And similar State of California laws as well.
I have also given you a copy of California Labor Code 1102.5. I will now read subsection (c) of that law aloud:
(c) An employer may not retaliate against an employee for refusing
to participate in an activity that would result in a violation of
state or federal statute, or a violation or noncompliance with a
state or federal rule or regulation.
Gee folks, these laws are plain English to me. All of the district officials including Mr. Lundeen has been apprised of this repeatedly, yet, here we are.
Besides my legal standing as to why I must not enter the Media Center, I am also extremely fearful of physical retaliation. The Media Center is a high security locked and windowless facility. At a minimum I am completely alone with the perpetrators of these crimes for 3 hours per day, and they are well aware of the fact that I am accusing them of these very serious crimes. After observing them conspire against (name removed to protect student), I feel it is quite likely they would conspire against me, or anyone that got in their way.
No doubt all of you are aware of the fact that Dr. Mark retired on Feb. 1. I would like to present a timeline of events that perhaps sheds some light on her decision to retire.
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9/2/03, approx. 2:20 pm Received call from Findling while not at home on my answering machine. He said that I should have received a letter dated Aug. 25 requesting me to return to work. He said "I need to know what your status is, Mike, so that the district can proceed with whatever it has to proceed with.”
9/3/03, approx. 2:30 pm Called Findling. Wasn’t able to reach him on this day.
9/4/03, approx. 1:55 pm While traveling to Electra, TX with Ken Thomas, I stopped at a pay phone in Amarillo, TX and called Findling. Ken Thomas watched me dial the numbers written on my "speech cheat sheet" and shared the phone earphone with me while we listened for Findling to answer. He then heard my entire side of the conversation. "Hello, this is Bob Findling" "Hello Mr. Findling, this is Mike Johnson. How are you?" "Well, fine now that you've called" with obvious relief in his voice. "Well, good, I’m glad that I was able to brighten your day. Mr. Findling, I received the letter from Mr. Moore that you spoke of yesterday in your message on my answering machine." "Uh huh" "Because of the contents of that communication, I have been contacting attorneys to find one to represent me in this matter. I feel that it would be better for the attorney to do my communications with the district from this point forward, due to the complexity of this case. I think I can say, however, the situation has not changed, and my work area is still unsafe to me due to the attempted harboring of a person guilty of federal felony crimes, as admitted by himself..." "yes" "and several district officials" "uh huh" "including the investigator responsible for the investigation." "Now wait a minute, Mike. I need to tell you something, person to person, not as an employer. Missing work constitutes job abandonment..." I interrupted here, don't recall with what. Findling: "Now wait a minute Mike, let me finish..." Me: "No. You let me finish! This is not something like two days pay missing from my paycheck, this is a serious complex issue, and you have to give me time to get an attorney. I don't have to work in a place where crimes are being committed." Findling: "OK Mike." in what I felt was a threatening manner. Me: "Good day." Findling: "Goodbye".
9/7/03, approx. 1:30 pm Just reviewed "latest" letter from Moore. Having just returned from my trip to Texas, I was trying to sleep and heard someone at the door. It was Robert Henderson, a janitor from the school with whom I'm acquainted. He was dropping off a part for a computer that I'm fixing for him. He told me that he had run into Jim Hall on Friday. Jim Hall asked him if he had seen me. Robert said no, in fact, he had been trying to get ahold of me to give me the part. He said that Jim Hall said "have Mike give me a call." He also related to me that his wife had talked to Joe Flores approx. two weeks ago. She inquired about when I would be back and Joe Flores replied "He's not coming back."
9/7/03, 1:45 pm Called Moore at 955-3200, ext. 273. The phone system at the district was having many problems and I did not get hooked up with his office until 1:55. It was his voicemail. Here is the prepared statement that I made, with my wife listening on the extension phone:
This is Michael Johnson. 1st I would like to state that I think your most recent letter to me was very bad form, considering that I informed Findling on Sept. 4 that I am in the process of locating an attorney to represent me, and handle ALL of my communications with the district from that point forward. I believe that it now appears that you are trying to railroad me. Now I will repeat again what I communicated to Findling on Sept. 4. Because of the contents of your 1st letter, I have been contacting attorneys to find one to represent me in this matter. I feel that it would be better for the attorney to do my communcations with the district from this point forward, due to the complexity involved, what with the (business name removed for legal reasons) involvement and whatnot. I think I can say, however, the situation has not changed, and my work area is still unsafe to me due to the attempted harboring of a person guilty of federal felony crimes, as admitted by himself, and several district officials, including the investigator responsible for the investigation. I am certain that I cannot be forced to work in an area where federal felony crimes are being committed, nor can I be forced to work where I believe my personal safety is in great danger. Beyond that, I have nothing further to say. Good day. This was my last contact with district officials until receiving Dr. Mark’s letter November 7, 2003.
10/16/03, 12:38 pm I should have entered this a couple of weeks ago. I had been building a computer for Robert Henderson, janitor at Victor Valley High. He talked to my wife a few weeks ago on the phone and told her that his wife had gone to lunch with a group of office personnel including Armeda, the secretary who works right outside of Findling's office. He told my wife that Armeda had said some things and he wanted to pass them along to me. He didn't tell my wife what these things were. About two weeks ago, he stopped by my house regarding the computer business and told me that indeed the lunch episode had occured and that Armeda had told his wife that they were bringing "job abandonment" proceedings against me, whatever that means. I find it very interesting that I have not received any communcations about these supposed proceedings to this day. I believe that the district personnel involved are frightened of the consequences of such an action, and for that reason have decided to sit on their hands, hoping this would all go away.
11/7/03, don't recall the time Today I received Dr. Marks' letter dated 11/5/03 - Notice of disciplinary action - termination
11/13/03, approx. 10 am Today I mailed off my response to Dr. Marks' letter to all parties. This would include the California Dept. of Education and the Superintendent of S.B. County Schools.
11/17/03, 9:55 am Called Dr. Marks' office to make an appt. as directed by her letter. Her secretary told me that she was in a meeting, that she could make the appointment. She arrainged an appointment with me for 11/21 at 10 am. I told her that would be fine. She then told me that this appointment was tentative, she would have to confirm it personally with Dr. Marks. I told her that she could leave a message on my home answering machine as to the outcome.
11/18/03, 10:53 am Mr. Moore called regarding my appt. Here is a transcript of the message he left on my answering machine, an audio recording I still possess: “Good Tuesday morning, this is Richard Moore calling from Victor Valley Union High School District, 955-3200, extension 207 or 273. Just wanted to call in response to ah, message from ah, Mr. Michael Johnson on 11-17 around 9:55 ah, requesting an appointment with the superintendent to ah, ah, arrainge for that pre-disciplinary conference. Unfortunately, this Friday the 21st is, (clears throat), not going to work with her schedule and I don't have a (sighs), an alternative date to offer you right at the moment, ah, ah, when we could get that rescheduled but as soon as I can get that arrainged, ah, we'll call with a message, maybe with a couple of alternate dates, and see if we can work something out, in the very near future. If you have any questions, feel welcome to give me a call 955-3200, extension 207 or 273. Thanks very much. Bye-bye.”
11/25/03 Newspaper account of Dr. Mark’s decision to retire. |
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So to recap, Ladies and Gentleman, Joe Flores made the statement "He's not coming back” prior to 8/23/03. On 9/4/03 and as far back as 4/2/03 Mr. Findling threatened me with job abandonment. Prior to approximately 9/25/03, Mr. Hendersen’s wife was told by Armida that the superintendent intended to recommend my termination. My last contact with district officials was on 9/7/03. And yet, Dr. Mark waited until 11/7/03 to send me the termination letter. This was clearly done to circumvent California Labor Code Section 1182.9, since they waited EXACTLY 61 days from my last communication with the district. Make no mistake, I am being terminated for whistleblowing and I have been treated to an “Alice Through the Looking Glass” experience. I informed the CA Dept. of Education of this, also the Superintendent of S.B. County Schools. Shortly after, Mark announced her retirement. It was certainly an odd time to retire, in the middle of a high profile threat of termination. |
Which brings up an obvious point: who is threatening my termination? I have only received the one letter of Notice of Disciplinary Action – Termination, and that was from the now retired Dr. Mark. How can she threaten my termination from retirement? Mr. Lundeen sent me a letter last week Re: Notice of intent to Recommend Termination. Yet in Dr. Mark’s letter she states only that she has a right to delegate a person to preside over the Skelley meeting. Mr. Lundeen has somehow shifted position from presiding over the Skelley meeting to “upholding my initial recommendation for termination from your position…”. He made no initial recommendation whatsoever. A basic right in the United States everywhere is the right to face your accuser. Where is she or he? Yet another example of the skullduggery I have been subjected to.
On 9/7/03 I began contacting attorneys to represent me on a pro bono basis, as I was quite broke, having not received a paycheck since July 1st.
I was unsuccessful, it seems it’s a bit difficult to have an attorney represent you for free. However, I did speak to an excellent attorney at length on the telephone. He advised me to go to law enforcement personnel.
I took his advice, and met with Agent Bradley Field of the FBI on 9/17/03. I explained the crimes occurring at the district. Without viewing my evidence, he stated “If what you tell me is true (and my evidence proves that), then this man is guilty of violation of theft of intellectual property rights. However, the FBI would be reluctant to prosecute due to the severe downside to the school district.”
We discussed this at length. He finally told me that he would pass it on to his superiors, and suggest that it be investigated by the “corruption of public officials” dept.
I did not hear anything again from the FBI until 10/31/03. On that day, Agent Richard Sanchez of the Victorville office came to my home and questioned me. He expressed the same fears about the detriment to the students of the district. He then told me that he would pass the information on to his superiors.
When I heard nothing from him, I finally called him on 12/23/03. He told me that it was still being “kicked about” by persons above him, and that we should know something in a week or two.
I still did not hear from him within that time frame, so once again I called him on 1/21/04. By this time it was clear to me that the FBI moved very slowly on matters not involving an immediate threat, and considering the current climate of affairs in the United States, I did not consider this unreasonable. When I called on 1/21/04, I received a voice mailbox and left a message for him to call me. As of this date, 2/10/04, I still have not heard from the gentleman.
Agent Sanchez told me that since I was not the wronged party in the affair, he was doubtful that it would be acted upon. The copyright holders would have to be the party making the complaint.
I do not believe that the parents of V.V.U.H.S.D. wish for their children to be taught that theft is acceptable, as long as you can get away with it.
| What did I have to gain from all of this? I’m stating quite clearly that those involved in these crimes had MUCH to gain financially. |
I did not. I merely wish to store some treasures in heaven, God knows I’m in arrears. I was sick of having to turn my head to the abuse of students in the Media Center, just so that I could continue to receive a paycheck. I knew from the outset that I had nothing to gain from this except a pocketful of heartache, and I assure you, that is exactly what my family and I have experienced. Do you choose to believe those that obviously had much to gain financially, or he that did it for no reason other than to right tremendous wrongs? Considering the current money oriented stance of American society, perhaps that is hard to comprehend.
Mr. Hall may have told you that he is affiliated in some way with KHIZ TV, and that gives him the right to play these copyrighted materials. Let me tell you why that is a blatant lie.
1st of all the license to display those properties is not transferable. Think about it. If that could be done, 1 broadcast station would purchase the rights to play a movie and then sell them or trade them or whatever to every station in the country. It would defeat the whole purpose of property rights. It’s exactly the same concept that many people do these days with computer software. Try telling Bill Gates that your friend bought the software and said you could use it. While it’s not profitable to prosecute software crime in general, it is still a crime. In this case the profitability of civil and criminal prosecution is very substantial.
Secondly, have any of you ever watched KHIZ? I have a few times since moving to the desert 17 years ago. Back when they did play movies, it was the biggest parade of dogs you ever saw. There was no “Wizard of Oz”, “Willie Wonka and the Chocolate Factory”, “Breakfast at Tiffany’s”, “Big Jake” or any of the other blockbusters that Mr. Hall intentionally displays. Mr. Hall would play the “Wizard of Oz” 14 times in a week! Have you ever seen a broadcast station do that? Does this ring any bells in your head? The cost would be astronomical, and I doubt that Time/Warner would allow it, due to saturation. Mr. Hall did this for a period of 4, now approaching 5 years. Astounding. I believe that this is probably the largest violation of its kind ever.
Thirdly, and most importantly, I have for your convenience made a copy of the KHIZ web page showing their program listings for this entire week. Note that they play “Shop at Home” for about 8 hours a day. This is because it costs NOTHING to display that property, it is provided free, and the local station receives a commission on sales. The rest of the time slots are filled by junk tv shows.
But of even more interest is the fact that in an entire week’s programming, KHIZ plays NO movies. Not one. How very interesting. I suppose that what Mr. Hall is trying to tell us is that KHIZ, a commercial station that somehow must glean a profit to survive, purchases an extremely costly license to play major movies, and then forgoes using them to boost their advertisers sales, which means money in their pocket, and gives those rights to Mr. Hall exclusively for free. While they make $5 and $10 at a shot here and there from Hummel figurines. This is not logical.
Compare the listing lineup that I have provided you from Odyssey to the one from KHIZ. The contrast is dramatic. This gentleman is lying, and he has no qualms about risking taking down the entire school district down to save his skin. At no time has any district official presented me with any evidence whatsoever that the playing of these properties is justified. If indeed they do have this right, would they not be able to present that evidence in a 10 month period and have avoided all of this heartache?
With all due respect, You MUST at this point investigate this lie. If you do not, the ramifications for the district will be dire. And when I say you, I mean members of the school board. If you rely on information from the district officials, I believe you will never get the truth. Get a copy of any legal document that they are trying to use. Contact KHIZ directly yourselves and speak to whoever may claim to have transferred these rights to Mr. Hall. If they indeed claim to have such license, which I strongly doubt, get a copy of it. Then go personally to a copyright attorney. Make sure you check the validity of all documents. Be suspicious of any documents as having been falsified. I am going to the district attorney soon about just such a thing before the statute of limitations runs out. The individuals involved in this are facing serious legal trouble, and will do ANYTHING to get their neck out of the noose, including putting the district at extreme risk.
What a great deal Mr. Hall has had the past 4-5 years. If I could, I would wish for a 2 million dollar studio, paid for by the government, staffed by slaves that had to do whatever I ordered them to, a free cable channel demanded by the government, and any movies or shows I wished to use to advertise whatever products I chose, for whatever reason I chose to do that. Who could ask for more?
This was NOT a small fo-pah. This was an extremely lucrative, carefully planned theft of the property of others for the sake of profit.
Folks, the copyright laws are EXTREME. For just one instance of illegal display, the school district is going to pay between $100,000 and $250,000. This information can be found on the DOJ website. Mr. Hall usually plays 3 copyrighted movies per day. And about 5 hours of Huell Howser’s PBS show. As they say, you do the math.
My family and I have repeatedly turned our cheek in this affair, in an attempt to avoid going public with the crimes that are being committed in the Media Center and placing the district in a financial straightjacket from which they will never recover.
Although I took on this responsibility with the best intentions of the students of V.V.U.H.S.D., I will not stand by idly and helpless, while my daughter shivers in the cold because I tried to do the right thing, and those that would do anything to line their pockets and save their skins continue to laugh all the way to the bank.
Go to the DOJ website. You’ll find that the district is in jeopardy of between $100,000 and $250,000 for each incident of playing these movies illegally. You really don’t want to know how many illegal displays of these properties I have documented. The students of V.V.U.H.S.D. will have nothing but rocks and sand for school supplies for the remainder of this century.
I have gone without a paycheck for a very long time due to the illegal actions committed by Mr. Hall and the district officials. But I can wait a few more days while you check on what I have to say. There is no advantage for me to stall these proceedings, whatever they are, since I cannot comprehend how a retired official can threaten me with termination. I’m not receiving any money from my job anyway. It will cost but a pittance to verify what I have to say regarding the licensing issue. Compared to the many millions the district faces in civil litigation, it will be money well spent.
It appears that the district is now placing me in the position of having to choose between protecting my family and protecting the school district.
| One week later, on 2/20/04, I received a letter signed by Mr. Findling stating that the board decided to terminate me effective 2/12/04. Immediately following, on 2/13/04, all copyrighted movies were removed from channel 18. In direct contrast to several showings per day for years, including 2/12/04. The message is clear: Should the district decide that Federal Felony criminal acts are to be performed in the commission of employment, you'd better keep your mouth shut and assist, or else. |
| On 2/24/04 I spoke to a Phil at "Huell Howser Productions". I told him how their properties were being abused to advertise local businesses. He stated that although the Media Center had permission to display some of their properties, they were clearly not to be used to advertise any businesses. As I read the list of Huell Howser episodes that Mr. Hall had been displaying, he became agitated and told me that Mr. Hall had been using episodes that were not to be used. As of noon on 2/26/04, all Huell Howser episodes have been removed from channel 18. |
| It's really simple folks. Go down to the V.V.U.H.S.D. school board meeting. Demand to see proof of the right to display major motion pictures, the latest copyrighted music, etc. They don't have it. These people have placed your school district in great liability. Ask why. Find out why Gloria McGee and Robert Findling allowed this to continue for 3 years after being informed of it. Ask why Greg Lundeen and Richard Moore allowed it to continue for 10-11 months after they were aware of it. Then ask your school board why after clearly being informed of the crimes on 2/12/04 by me, they chose to terminate me, after I was deprived of my income for 11 months by ALL of the district officials. And chose to continue employing Jim Hall, after being presented with overwhelming proof of his monstrous violations of Federal Felony crimes. I'm sure you'll find it's because of powerful outside financial interests. Then perhaps you may wish to reassess the value of some of these people. |
| Or, if you are truly outraged, as I am, contact Agent Richard Sanchez of the Victorville FBI. The phone number is: 951-7119. |