Intimidation by State Trooper at (IDAHO) Capitol Annex while trying to contact legislator, Sunday, April 13, 2008

April 10, 2008

Honorable Secretary of State Ben Ysursa and Honorable Idaho legislators,

It was interesting when I stopped by the Capitol Annex on Tuesday March 25, 2008. I was going to ask a few questions of a representative, but was stopped by an officer. This representative had already agreed to ask a few questions that would be directed to the Attorney General's Office. This officer said my presence made a few of the legislators nervous. He also said I was not welcome at the Capitol Annex. This officer was just transferred to this Capitol Annex security duty just two days prior to this incident. Then Officer Pattis (serial number 3359) joined him and said the same thing and added more. Officer Pattis, an Idaho State Trooper, said I was not welcome at the State Board of Education's offices. This is interesting; I have not been there in years (literally). Furthermore, I have not attended a State Board of Education meeting for quite some time as well. Then he added "I was not welcome on the third and fourth floors of the Borah building; this is where the Governor's offices are located." Officer Pattis also made the comment if I "had to use the post office in the Borah Building, to get in and get out." He also added "Do not contact legislators" and "Do not e-mail them." He also gave me the implication problems would occur for me if I did. There is no written notification or anything of that nature. I have not threatened anyone either. I believe there has been a pretty clear breach of law here. I am also under the impression that Officer Pattis willfully carried out an unlawful order. I want to know the authorization and jurisdiction for these orders. I also consider it inexcusable to use law enforcement to intimidate law-abiding citizens to not contact with their elected officials.

I checked with Representative Pete Nielsen on Thursday night, March 27, 2008 at my Elmore County Republican Central Committee meeting. Pete said he would make a copy of what I wrote and take it to Representative Rich Wills. The orders would have to come from the executive side of state government according to Pete. This concerns me a lot and makes me very nervous. I did have some discussions with people on the Senate Education committee. A few of the issues would put the Attorney General's Office in an embarrassing position. I have no qualms discussing these matters in public, if official avenues of redress, investigation, and discussion (confidential or otherwise) are being denied. I did not tell very many people this particular detail of importance: on January 12, 2008, I had a private discussion with Attorney General Wasden at the Republican Central Committee Meeting. It was Attorney General Wasden that asked me to go through legislators with questions. This is one of reasons that I do not believe it is Lawrence at all, but I can be wrong.

One of the embarrassing examples discussed is Attorney General Wasden does believe it is appropriate to have a Deputy Attorney General for the State Board of Education (Jeff Schrader) that is married to a Boise State University Dean (Dr. Cheryl B. Schrader) and Attorney General Wasden claims this does not constitute a "conflict of interest." In my personal meeting with Luci Willitts and Mr. Jeff Schrader via Laird Stone a few years ago, Mr. Schrader claimed "conflict of interest" because of that relationship. This was in the context of official business. Attorney General Wasden claims an investigation occurs. I claim an investigation was halted. Furthermore, when the State Board of Education was asked in an open forum to recuse their lawyer or seek third party arbitration, they ignored this action. Requests for executive session testimony was also ignored. These actions could have been used against State Board of Education members with respect to their competency and integrity in a manner that could challenge their fitness to sit on that Board. Furthermore, three of the current members and one of the former members who desires a reappointment are lawyers. This is not the only issue that I discussed.

I would be willing to provide more details upon request. You have my permission to share this e-mail with other legislators, the press, and the Governor himself. I do believe Clete Edmunson (Governor Otter's Educational Advisor) has taken part in this matter for other reasons. The information I presented in December at Glenns Ferry's Capitol for a Day never received a response. Clete gave me "the legislature is in session and I am too busy to respond to you" act on January 31, 2008 when I ran into him at the Capitol Annex. I have a request for a meeting with the Governor where I stated I was not happy with his behavior; this request has gone unanswered. It was Governor Otter at the Young Republican's luncheon that personally gave me every indication that a meeting after the session was doable. In my request, I also wanted to discus the State Board of Education and its behavior too. I find it very disturbing to tell a person you do not have access to public property or to your public elected representation without proper procedures and due process. I am going to ask you who gave that order and if an investigation is needed?

After consulting with many people, I was told what Officer Pattis had done was inappropriate, shocking, illegal, and what most people considered extremely suspicious. It is my understanding, that a law enforcement officer can detain someone for an immediate danger, but a future banning a person from public property without a restraining order, summons, or a court order is illegal. "Due process" is needed in such matters. On April 2, 2008 I went to see one of my representatives at the Capitol Annex to find out what was happening on this matter and to give him a copy of the complaint I was turning into the Attorney General's Office, the Governor's Office, and the Secretary of State. The complaint contains the earlier parts of this e-mail with Officer Pattis' name misspelled (as Pettis) and one grammar mistake which is corrected in this e-mail. I then went to the Borah Building. I first went to the Secretary of State's office. While I was at the Governor's Office, I asked for my complaint to go to Bob Wells. I believe he is in charge of the Idaho State Police for the Governor. Upon leaving the Borah Building and turning in complaints, Officer Pattis stopped me at the corner of 8th and State Street. Officer Pattis was in a patrol car. I was on foot. He decided to put me in handcuffs and cited me for trespass (18-7011). This was less than 5 minutes after I left the Borah Building. On the citation, it says 8th and State Street. This is a public intersection. "How can I be trespassing at a public intersection?" If Officer Pattis had intended or forgot some other location for the trespass, I consider it a major oversight to neglect including it on the citation.

During the time I was handcuffed, a second officer pulled Officer Pattis aside and had a private talk with him in the back of his patrol car; I found this very unusual as well. Even though Officer Pattis said he would give me his business card with the citation, he did not. He also claims everything was being recorded. Officer Pattis uncuffed me at this point in time. In fact, Officer Pattis had problems taking off the handcuffs and had to borrow another officer's key to do so. I was accompanied by a security guard to the Attorney General's Office where I turned in the aforementioned complaint that included Officer Pattis in it. I was also escorted by two security guards almost all the way to my car by the Capitol Annex.

Officer Pattis would not release who gave that order to detain me. I find this extremely disturbing. I have a right to face my accuser; I have a right to face who gave those orders. I would also like to know if a picture of me sits in the visors of a number of patrol cars around the Capitol as well. Law enforcement does not act like this by random. To this date, my representatives (Pete Nielsen and Rich Wills) have not been able to get "who gave that order" from the executive branch.

The timing and nature of these actions were also a concern to me. The actions from Officer Pattis occurred after the Milford Terrell re-appointment confirmation in the Senate. The Senate Education committee knew I was opposed to Milford's nomination because of the actions of the entire State Board of Education. The comment from Officer Pattis involving the State Board of Education's offices is very suspicious. Officer Pattis' comment to not contact legislators also looks strange and would not allow for oversight by legislators; this erodes the bonds of trust of our elected officials between the public as well. This is the major reason I do not believe legislators are involved in these strange actions, except possibly after the fact. Pressure from the State Board of Education and the Governor's Office cannot be discounted.

To me, there is a more important issue. I was sharing confidential information with legislators. At no time should members of the public be intimidated to see or contact their legislators to prevent sharing of information and concerns! This is a fundamental trust as far as I am concerned and this goes beyond party loyalty. I know good people on both sides of the aisle. I do not believe that legislators want to be working in a vacuum. I also hope the public is invited to take part in the legislators' decision making process. These past actions have called into question if the moniker of the "Citizen's Statehouse" is still appropriate.

Respectfully,

Christopher A. Pentico

Elmore County Republican Youth Committeeman

120 NW Carrie Circle

Mountain Home, ID 83647

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