CRIMINAL CASES THE MERCED COUNTY DA HAS REFUSED TO FILE DUE TO PERSONAL VENDETTAS
If you have a case that you would like us to review please send the police report and summary of what occurred and how you believe it was a personal vendetta. Crime gets out of control when the criminals run Law Enforcement.
Merced Police Department
Date/Time Reported: 04/21/2008
Date/Time Occurred: 11/06/2007
Location Occurred: Confidential – Merced, CA
Nature of Call: 2nd Party RP*Advising Child Abuse 950
Victim: 15-year-old female with a cut and swollen lip. RP, Tracy Roberts, advised she is a nurse and is required to call. She further stated her niece was allegedly slapped by Tracy’s sister, Christine Lopez, across the face and knocked down a flight of stairs in the home causing several noticeable marks and minor injuries.
Suspect(s): Phillip Lopez, 18-years-old male, Christine Renee Lopez, 40-year-old female, Michael Lopez, 44-year-old male
On 04-21-08, at approximately 1828 hours, I was dispatched to a confidential address for a report of child abuse. Upon arrival I contacted Tracy Roberts the reporting party.
Tracy stated on 04-21-08, at approximately 1810 hours, her niece, Confidential Victim (VC), and her sister, Christine Renee Lopez, had gotten into an altercation at the confidential address.
Tracy stated that she believed her sister might have been physically abusing her niece, the CV. I concluded through my investigation that there was no child abuse, that Christine Lopez was only disciplining her child.
Through the conversations of the investigation, I did in fact find out that there was a sexual assault that had taken place approximately five months ago.
I contacted the CV who stated on 11-20-07, between approximately 0000 hours and 0100 hours, she had been talking to her stepbrother, Phillip Lopez. Phillip and the CV were in Phillip’s room at the confidential address.
The CV stated she had been talking to Phillip because she was very upset about the situation that was happening in regards to her father, who she did not live with. The CV stated that she was really sad and upset, and that is when Phillip stated, “why don’t you take these? They will make you feel better.” The CV stated the pills were a little smaller than the circumference of a dime. She stated that she could not remember the markings on the pills. She later stated that the suspect, Phillip, had told her that they were muscle relaxers.
The CV stated that approximately 30 minutes later after she had taken the pills, she told Phillip that she was going to go lay down and she would talk to him later. The CV stated she then went downstairs and laid on the living room couch, watching TV. She stated she was lying down for approximately half-an-hour, and she had fallen asleep in that time.
The CV stated that when Phillip had come downstairs and “forcing himself on her,” she believed it was approximately one hour’s time since she had taken the two pills he gave her. I asked the CV to explain what she had meant by forcing himself on her. The CV stated that Phillip had laid down on top of her and began touching her. The CV stated that he began touching her on her breast as she pointed to her chest. She then stated he began touching her in the lower areas.
I again asked the CV to explain what she meant by lower area. The CV began crying at that time in the interview. She took a moment to collect herself; she then was able to further explain what had happened.
The CV stated that Phillip had laid on top of her. I asked her what the size difference was between Phillip and herself were, and she stated he was approximately between 5’6″ and 5’7″ tall, and approximately 150 to 160 pounds. She stated that he weighs 20 to 30 pounds more than she does. I began to ask the CV where else Phillip had touched her and she stated on her “butt.” The CV stated that Phillip had also stuck his fingers “inside of her.” I asked the CV to explain what she meant by “inside her.” The CV then once again became quiet. I told her that if she would use technical names, or what a doctor would call it, it would be fine with me. She then stated that Phillip had stuck his fingers inside her “vagina.” The CV said that he began touching all over around that area. I asked the CV if she remembered what hand he was touching her with and she stated she did not remember.
I then began asking the CV about her state-of-mind after taking two pills that Phillip had given her. She said that she was tired and wanted to go lay down. The CV then made the statement she was “in another world.” She stated that she did not really comprehend what was going on, she was really tired and wanted to take a nap.
The CV stated while Phillip was touching her, he was not doing anything else at that time. He also did not make any comments to her.
I asked the CV if anybody else was at the residence when this was happening and she stated her mother and her step-dad, Michael. I asked her where they were and she pointed upstairs and said they were in their bedroom.
The CV stated that when Phillip had put his fingers in her, she had told to him to stop. The CV then stated that she did not have the energy to get off the couch, or to be able to push him off. I asked the CV if Phillip had done anything else to her and she stated no.
I then spoke with Christine Renee Lopez who stated that she had known about what had gone on. I asked her why she did not call the police department and report it. Christine did not give me a straight answer. She stated that she had done a little follow-up, but it would be CV’s word against her step-son’s word. I asked Christine who Phillip was to her and she stated it was her husband Michael Lopez’s son. Christine said after she found out about the assault that had taken place while her husband was not living at the residence, she had Phillip removed from the home.
The CV stated the reason her mother disciplined her was because the CV’s continued complaints that her attacker’s photos were hanging all over the house and its been very difficult not knowing when he would be allowed back in the home to live again. The CV further stated that her step-dad and his family have been very upset at the CV for informing them of the abuse and she has been shunned as an outsider. She went on to say it came to a final breaking point when Phillip Lopez was allowed to start staying at the home again and the CV complained to her mother Christine near their room at the top of the home’s stairs. That is when it is alleged Christine slapped the CV knocking her down the flight of stairs causing her injuries.
The CV went with her aunt, Tracy Roberts, to stay the night for the remainder of 04-21-08.
I did not contact the suspect whose information I did have, so the detectives would be able to do the follow-up. The suspect was charged with sexual penetration with a foreign object, and 243.4a PC – sexual battery.
Follow-up: The CV was diagnosed with Insipidous Diabetes shortly after the head trauma suffered after being slapped and tumbling down a flight of stairs. The father of the CV attempted to get an emergency order to protect his daughter from the abuses when his 15-year-old daughter informed him about what had occurred during a visit. The father was told the DA did not file charges because they never received the police report from the Merced PD. The father had to go to the Merced PD and after a lot of hostile officers, the report was finally released and the father immediately walked it over to the Merced County DA’s office. He also informed the DA’s office that he had an emergency hearing regarding custody of his daughter scheduled for the next morning and needed to know if they would file charges. After multiple calls to the DA’s office that day the DA’s secretary Angie finally called the father at 4:50 pm the day before the court date to inform him that the DA was on vacation in New York and would not file any charges.
The CV lived with her father in his custody and care until the mother picked the CV up for a summer visit in 06/2007. While on that visit the father said he noticed several Myspace pictures of his then 14-year-old daughter wearing skimpy mini skirts and posing in a sexually charged manner. The father took the photos to the mother and to pick up his daughter for the coming new school semester and the mother refused, closing her door and called the Merced PD. She went even further by filing an emergency restraining order stating he was violent and trying to hurt her and her daughter physically.
The father was able to have the order thrown out in court. The Family Law Facilitator, Marianne Ledesma, read the reports during facilitation and said they have no bearing on their daughter’s custody and recommended the CV to the custody of the mother Chrtistine Lopez. According to the CV the mother promised she would send her away to the Monterey Bay Academy if the CV would agree to stay with her mom. The mother was able to convince the Seventh Day Adventist Church to provide the CV with a grant to go to the school 24 hours a day 7 days a week. The CV was also required to work part-time to help pay for her tuition. The father was forced to pay $490.00 per month in child support that went directly to the mother even though none of the support was used for the CV as ordered.
The CV still struggles to this day and has a child out of wedlock. The child’s father and the CV met while the CV lived with her mother and were allowed to date when she was just 12-years-old. The father of the CV’s child is now serving a prison term for murder.