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Multnomah County Sheriff Sergeant Scott Johnson

501 SE Hawthorn Street Suite 350

Portland Oregon 97202 (via email)
April 6, 2016
Dear Multnomah County Sheriff Sergeant Scott Johnson:
I should first state, in spite of any outward appearance, Im a person with a severe disability. I
have a neurological condition, central pain, which is worsened by emotional stress and, among
other symptoms, destroys sleep, results in chronic pain and nausea, and can be triggered to
episodes which have qualities of their own--including potentially fatal ones.1 Im doing what I
can within my abilities to address matters in a timely manner- although what Ive recently
endured, including in-custody injuries, has itself worsened my condition. Being forced to
address these sickening matters is far from how Id choose to live my life as a person with my
Im writing to further the investigation(s) regarding the crime(s) of Official Misconduct2 Ive
initiated, or which were initiated by others regarding matters Ive been involved in, concerning
various City of Portland and Multnomah County employees and agents.
Youll find this broader than youd might expect because in light of my prior contacts or contacts
made by others, Im sharing this document with the United States Department of Justice, Oregon
State Police3, the Offices of Governor Kate Brown4 and the Oregon Attorney General5, and
Multnomah County Circuit Court Presiding Judge Nan Waller6. Since Im currently defending
criminal charges7, Im sharing this with the Multnomah County District Attorney8 and
Metropolitan Public Defender9 via the attorneys currently assigned to my cases. Im sharing this
with the United States Department of Justice via the address provided by Deputy United States
Marshall Kelley at the Hatfield Courthouse, because I believe the issues presented establish a
1 October 15, 2011, I received 45 minutes of exclusive critical care at Emanuel Hospital

Emergency Department to prevent circulatory failure.

2 The Oregon crime of Official Misconduct is ORS 162.405 (1st Degree) and ORS 162.415 (2nd

3 I received a message a prisoner had spoken with the Oregon State Police while in custody of

another institution regarding the abuse I endured while in MCDC custody.

4 As Senator Brown, Kate Brown wrote me a letter of congratulations in 1996. Since then, my

contact with Secretary of State Browns office spurred Boli to correct an OAR typographical
error after years of Boli refusal to correct it. Governor Brown accepted my gift of obsolete Tri
Met Inspector and Supervisor patches in March 2015. Several individuals contacted Governor
Browns office about my recent arrest and custody.
5 2015 Oregon House Bill 2002 directs the Attorney General to investigate law enforcement

profiling. I testified before A.G. Ellen Rosenblum at a public hearing on October 27, 2015.
Barry Joe Stull 10852 SE Stark Street #5 Portland Oregon 97217

breach of the settlement in United States of America v. City of Portland Oregon, especially
paragraph 130 on page 45.10
After I was released from custody, when I learned I couldnt get into my home, Deputy U.S.
Marshall Kelley was kind enough to contact my landlord on February 10, 2016, to ensure Id be
able to obtain a replacement key to access my house, since my house keys were taken by the
Portland Police on November 25, 2015 and not returned, but instead, destroyed along with my
other goods.11 Having a house Ive lived in for years and needing my mailbox and house keys,
and not being a transient are among many Portland Police Bureau misconceptions about me I
hope to forever overcome.
As you know, I was in custody of the Multnomah County Sheriff Office (MCSO), in the
Multnomah County Detention Center (MCDC), following my arrest in Portland City Hall on
November 25, 2015. The times you saw me while making your rounds in MCDC, I was being
held on a felony charge, which I told you was bogus.12 It was. That felony charge was dismissed
on February 9, 2016, on motion of the Multnomah County District Attorney.
I was released from custody that same day, and as I was being released, received from the MCSO
the November 25, 2015, Portland Police Bureau (PPB) Property Receipt with its notice my goods
would be destroyed in 60 days (February 9, 2016 was 76th day after my arrest). On February 10,

6 In addition to not receiving my mail sent from MCDC in 2015, in 2014 Judge Waller

responded when I informed her a court order setting aside a failure to appear conviction had
never been entered. Ultimately, the state could not prosecute that reinstated case, since the PPB
destroyed the evidence the week after the case was reinstated following the court error addressed
by Judge Waller, and I prevailed. Judge Waller has also been present when I gave testimony to
the County Board of Commissioners.
7 Multnomah County Circuit Court Cases 15 CR 52981 and 15 CR 53749 are active.
8 Deputy District Attorney Jennifer Tolkoff.
9 Christopher Behre.
10 United States of America v. City of Portland, Case Number 3:12-cv-2265.
11 My lanyard with my house keys, mailbox key and a thumb drive were taken by PPB Sergeant

Axthelm while I was handcuffed inside the PPB Patrol Car parked on SW 4th Avenue. A similar
lanyard with my Tri Met Honored Citizen ID was taken at the same time by Sergeant Roger S.
Axthelm, and was with my goods on release from MCDC along with the PPB Property Receipt.
My Tri Met Honored Citizen status was renewed in 2014 for my disability diagnosed as postlaminectomy neuropathy.
12 I sent you a kyte from MCDC, and Im not at all confident it was delivered. I have my copy.
Barry Joe Stull 10852 SE Stark Street #5 Portland Oregon 97217

2016, I was informed by the staff at the PPB Property Warehouse my goods had been destroyed
while I was in custody.
On February 11, 2016, MCSO Sergeant Lee Gosson13 confirmed my goods had been destroyed
on February 4, 2016. Its obvious to me, that if I not been inappropriately held in custody on a
felony, or if I received notice my property would only be stored by PPB for 60 days, I wouldnt
have lost my valuable personal items, but would have taken steps to prevent that destruction.
The five elements which led to the destruction of my goods were: (1) I was arrested instead of
provided the emergency medical treatment I had requested for the exacerbation of my central
pain condition wrought by the Citys illegal trespass exclusion policy and inaccurate portrayals
of my activities; (2) my goods were deemed personal property rather than evidence; (3) I didnt
get notice my goods faced destruction prior to the destruction, although the receipt states I got
my copy; (4) my ability to effectively communicate while I was in custody was improperly
thwarted by MCDC staff; and (5) I was held in custody on a felony charge for over a month after
my court-appointed defense attorney and the deputy district attorney assigned to the case both
knew my case could not result in a felony conviction.
In short, I was inappropriately held in custody without treatment for my central pain condition,
my mail, telephone, visitation and attorney contact were thwarted by MCDC staff. Then my
goods were destroyed before I received notice they might be.
On February 8, 2016, in court before Presiding Judge Waller, Judge Waller responded to my
inquiry she had not received the letter I had mailed her from MCDC. I sent the letter because
Im still seeking an appealable order for my 1993 Motion for Return of Things Seized in
Multnomah County Circuit Court Case Number 9002-31186. Although there was a hearing in
June 1993, my motion has never been ruled on, so I neither have the return of my goods seized
by the Portland Police, including $1,000, nor any mechanism to appeal.14 It is obvious I have a
problem, but that problem is not mine, but ours.
13 April 2015, Sgt. Gosson took my complaint when my August 2011 MCSO Booking Photo

was on display on the Hawthorne Building Security Desk monitor facing the door when I entered
as I returned with documents after my meeting with Marco Circosta, an employee in Multnomah
County Chair Kafourys office. PPB Allen learned after he arrested me in August 2011 what I
had done wasnt illegal. PPB Sgt. Holbrook placed that same August 2011 photo on display in
Central Precinct with orders to arrest me for trespassing when I entered. I was arrested on
February 22, 2012, and found not guilty at trial in May 2012 on my motion for a judgment of
acquittal, because what I had been arrested for in Central Precinct wasnt illegal.
14 Following a 1989 bust, in 1990, I was convicted in a jury trial of manufacturing and

possessing marijuana. I was found not guilty of charges of delivery of a controlled substance. I
identified the Confidential Reliable Informant as Elizabeth Susan Johnson, and her claim the
Portland Police gave her drugs and money to inform on me. At the time of my trial, PPB Officer
Cheryl Arnold, who brought the case, was on stress disability leave and in the process which
resulted in her $75,000 settlement for abuse she suffered wrought by other PPB personnel in the
Drugs and Vice Unit. After being released pending appeal, I served 17 months in prison and
the remainder of my five-year sentence on parole through November 1997.
Barry Joe Stull 10852 SE Stark Street #5 Portland Oregon 97217

Before I asked Judge Waller if shed received my letter, both of my court appointed Metropolitan
Public Defender attorneys, Jane Fox and Kasia Rutledge, informed me they had been unable to
reach me via attorney visit or attorney telephone calls to MCDC, further reporting to me MCDC
staff told them I was unable to receive attorney telephone calls or attorney visits.
Following my release from custody, I learned efforts to put money into my inmate trust account
to pay for my personal telephone calls were thwarted. I learned from Ledena Mattox the
cashiers check for $1300 she presented at MCDC on February 5, 2016 to effect my self-bail was
rejected by MCSO staff.15 I still have that cashiers check as evidence.
At the time of my arrest at City Hall, I was on the agenda. November 16, 2015, I scheduled a
Communication under the topic of the Free Music Zone, in Waterfront Park, promised in the
1994 Partnership Agreement With Street Performers, (signed in March 1994 by, among others,
Portland Commissioners Charlie Hales and Gretchen KafouryCharlie Hales is now Mayor). I
was also on the agenda the Wednesday following, under the topic of Portlands Criminal
The setting was: the promise of the Free Music Zone wasnt honored by the City; I had received
notice of a pending check relating back to the illegal October 2006 destruction of $4,775 of my
musical instruments and tools removed from 4066 NE Grand Avenue (Kafoury Court) by PCRI;
the entire five-apartment affordable housing Kafoury Court was vacant, as I had complained
for years; Council Clerk Karla Moore-Love scanned a November 11, 2015, Portland Observer
photograph of Multnomah County Chair Deborah Kafoury presenting PCRI with an award for
inclusion with my Communication; as the City faced a housing emergency and Mayor Hales
allowed he Hazelnut Grove encampment and the criminal activity there because of the housing
I had also been to the Emanuel Hospital Emergency Department for a flare of my central pain
syndrome on both November 19, and November 23, 2015. The flare of my condition was caused
by a stressful event at the Mayors authorized Hazelnut Grove homeless encampment, where I
was threatened by a gang, and called 911 as that event was happening the evening of November
17, 2015. Once triggered, such a flare can escalate and usually takes a month to resolve. Plus, I
was attacked and kicked on a bus by a stranger, while on my way to court Tuesday morning,
November 24, 2015. Passengers on the bus were shocked by her unprovoked attack.
I had to go to court Tuesday November 24, 2915 following my arrest upon exiting the
Emergency Department at Emanuel Hospital on Sunday November 22, 2015. I had arrived
unconscious by ambulance, following my 911 call for an ambulance. The AMR Paramedic
responded to my quick exit from my house in my gym shorts and T shirt and my saying Weve
got to hurry. Lets get going, with his saying, No, Im calling the police. In my hand I had the
Emanuel Hospital Emergency Department exit document from November 19, 2015, with my
diagnosis as central pain syndrome and its instructions to return if my condition worsened, and
I was still wearing the wrist bracelet from that visit.
One of my neighbors who had gathered along with many others, told me later hed heard me
telling the police I could die from this! as about ten first responders (Portland Police,
15 January 25, 2016, I mailed Ledena Mattox a Power of Attorney so she could access my mail

and cash my check. Ms. Mattox followed the instructions contained in the Power of Attorney.
Barry Joe Stull 10852 SE Stark Street #5 Portland Oregon 97217

Portland Fire Bureau, AMR Paramedics) stood as my condition worsened and as Portland Fire
Fighter Sampson vocalized to me, You need a knuckle sandwich. Finally, a police officer
offered to transport me to Emanuel Hospital, and I let him put handcuffs on me. Then I was
drugged to unconsciousness by whatever one of the AMR Paramedics shot into first one, then the
other arm.
I awoke in the Emergency Department, where a female nurse told me I could leave. She
presented my exit documents which had the same diagnosis of central pain syndrome treated
by the same doctor Id seen days earlier. Two Emanuel Hospital Security then arrested me, after
I heard one of them say to the other, He had a trespass exclusion a couple of years ago, and I
was taken to MCDC. Hours after I was cleared for release according to the reader board in
MCDC, I got out of MCDC around 3 oclock in the morning into the 39 degree night, still
wearing only my gym shorts and T shirt. The last bus to my house leaves downtown Portland
just before 2 AM. I got home after daylight Monday November 23, 2015, once the MAX trains
started running to my neighborhood. I had to go to court on Tuesday or a warrant for my arrest
would be issued for failure to appear.
I know from years of experience all of this is standard operating procedure here in Portland
Oregon, and people not as tough as me die from it, and we know it. Im not willing to accept it.
These practices cause problems those causing them get paid by taxpayers to respond to and
solve, not worsen so they get more work and more pay. Next time they can just stay out of it,
and Ill manage my own affairs, as Id done by getting myself to the hospital on November 19,
2015, where I was treated with respect and kindness instead of physical and verbal abuse.
All along, the City was partnering with and funding PCRIafter I asserted at the January 28,
2015 Portland City Council Hearing that PCRI was organized crime while Portland Chief of
Police Larry O Day was present.16
Although the Partnership Agreement With Street Performers (1994 Agreement) was incorporated
as an express exception in the 2010 Sidewalk Management Ordinance, staff at the City Auditors
Office and the City Archives could not locate the 1994 Agreement document. The City Council
Hearing record from 1994 notes its acceptance by unanimous vote. The 1994 Agreement is an
articulated exception to the 2010 Sidewalk Management Ordinance, Portland City Code
14A.50.030.G2c. In 2015, Paul Van Orden, with City Noise Control, told me he had a copy of
the 1994 Agreement at the time I was learning the Archives and Auditor didnt.17 I obtained my
copy of the 1994 Agreement via email from the City in 2011.
By November 2015, following my meetings with City and Portland Business Alliance staff, I felt
the City and Portland Business Alliance were inappropriately misrepresenting the language and
intent of the 1994 Agreement, were hiding the 1994 Agreement intentionally, and were instead
16 January 28, 2015, I submitted evidence of Judge Edward Jones Official Misconduct to

Portland Police Chief ODay. I received no response from Chief ODay.

17 Deputy Auditor Maya Rinta couldnt find it, but was able to confirm its 1994 Council

acceptance and exception in the 2010 Sidewalk Management Ordinance. My records of my

contacts with the Portland Business Alliance, City Auditor, visit to the City Archives, and
conversation with Paul Van Orden were among my files in my destroyed backpack.
Barry Joe Stull 10852 SE Stark Street #5 Portland Oregon 97217

promulgating a 2006 Portland Business Alliance flyer on the1994 Agreement which makes no
reference to the Free Music Zone. I was filmed during an action at City Hall November 17, 2015
stating the Portland Business Alliance pays for three Portland Police Officers attached to its
Clean and Safe Program.
Prior to my arrest November 25, 2015, I had also exposed the City Council lacked a
quorum when it voted on the 2010 Sidewalk Management Ordinance, claiming that
ordinance is void for being outside the authority in the City Charter. I testified on
that issue before City Council, as well as mentioning the matter to federal Judge
Michael H. Simon in February 2014 as an example of the Citys lack of
My appearance before Judge Simon was during the hearing regarding the fairness of the
settlement agreement between the USDOJ and the City of Portland. At that hearing, I testified to
Judge Simon the City Attorney knows the ordinance is void, but the City continues to promote
and enforce it.
In 2011, I filed a complaint in federal court which I couldnt prosecute owing to resources I had
to expend overcoming arrests and defeating criminal charges in state court. The federal court
ruled I lacked standing to bring the case since I never got a ticket for violating the Sidewalk
Management Ordinance.18
November 27, 2015, Metropolitan Public Defender was assigned to represent me. At that court
appearance, I stated I had not yet had access to make a telephone call (more than 48 hours after
Id been in custody). My first opportunity to make a telephone call was around 9:30 PM
November 27, 2015, and the call didnt go through. A few days later, I was let out of my cell
and attempted telephone calls which also did not go through.19 My next access to a telephone was
on December 7, 2015, when I left voice mail messages with Harry Carson, a Metropolitan Public
Defender attorney who had represented me defeating criminal charges.
I spent more time with Harry Carson than any other employee of Metropolitan Public Defender.
In 2010, I was found not guilty of criminal trespass at the Bureau of Labor and Industries Civil
Rights Division (also known as Boli Civil Rights).
Harry Carson and I also thwarted the attempted conviction for criminal trespass at Lewis &
Clark College, where Harry and I had both graduated. In addition to our college (we were never
students togetherand Ive never gone to law school, just the Oregon State Penitentiary Law
Library, where folk who had lawyers fought their illegal convictions). Harry Carson and I are
bound by our Oregon Supreme Court cases; his case cites my earlier case as an authority.20
18 More recently, Judge Simons opinion in Walsh v. Enge sets out the rationale for standing

which I lacked the resources to personally research, and there is no reason I couldnt bring a new
suit against the City for no quorum for the Sidewalk Management Ordinance, except Im doing
this and defending criminal charges instead. I feel Im not the only one making such an
19 My diary of events was destroyed in MCDC on December 1, 2015.
Barry Joe Stull 10852 SE Stark Street #5 Portland Oregon 97217

I dont know why Mr. Carson was not appointed to represent me following my arrest at City Hall
November 25, 2015. It could be because Mr. Carson only handles felony cases, and, except for
the time I was held in custody for a felony indictment produced by fraud before the Grand Jury,
my case wasnt a felony. I speculate it was because Harry and I would win again and embarrass
powerful interests again. Warren Cook, after thirty-years experience with the Multnomah
County Sheriff Office taught me at Portland Community College in 1996, We dont have a
justice system, we have an injustice system, and if you need to know anything more about that I
suggest the book The Rich Get Richer and the Poor Get Prison. I got As in both of his
classes I attended, and he started both of them with that same statement. Ive been proving Mr.
Cook right ever since, and this all is just another opportunity to prove Mr. Cook wrong.
On December 8, 2015, my call to Metropolitan Public Defender for Jane Fox went through and
her initial comment was that I was hard to get in touch with. She told me I was scheduled for
court for December 9, 2015. I expected some brief opportunity to talk to my attorney at the court
appearance, but I wasnt transported to court for reasons I do not know.
Ms. Fox also told me that case had been assigned to Kasia Rutledge, to which I replied the court
documents said Ms. Fox was appointed. Ms. Rutledge informed me in January 2016 the case
assigned to Ms. Fox had by that time been assigned to Mr. Francisconi, who I learned was out on
paternity leave and couldnt be reached when I called from MCDC.
On December 11, 2015, I appeared in court in JC3 before Judge Edward Jones, where I asked
Judge Jones if he remembered the landlord/tenant case21 of mine before him years ago, then
stated that his May 2010 award of $4,775 for the goods PCRI destroyed in October 2006 resulted
in a check Id never cashed, but which ultimately resulted in my claim for unclaimed property
with the Oregon Division of State Lands, and, because of some matter unknown to me regarding
funds from State Farm Insurance, there was a check for over $4,800 in my mailbox, which I
couldnt access because I was in custody at a time I needed $1,100 to self bail to get out of
custody. I also asked why I never had an interview for Pretrial Release Services (PRS). Judge
Jones said he would put the PRS process in motion.
On December 20, 2015, I was contacted by telephone for an interview by Multnomah County
Pretrial Release Services, but didnt get a copy of the report until I requested one from Doug
Friend, a legal assistant assigned to Ms. Rutledge. I had enough experience to read no
verifiable ties to the community to mean no references Mr. Stull gave to prove his contacts to
the community were contacted for verification and found upon my release that my read was
right. Ledena Mattox22 informed me she hadnt been contacted to verify my ties to the
community. Before the PRS report was filed in state court on January 8, 2016, in federal court
Judge Simon had ruled the section of the Portland City Code regarding trespass exclusions was
void on its face.23 The PSR recommendation against my release from custody was based in part
on the felony charge and in part on my refusal to obey what Id said on November 24, 2015 was
an illegal trespass exclusion policy I would not obey.
20 State v. Gaines cites Stull v. Hoke. I filed Stull v. Hoke from prison in 1994. See FN 14.
21 Multnomah County Circuit Court Case Number 05F015732 was the initial eviction case.

Judge Edward Jones consolidated that case with the Contempt of Court case generated by
Presiding Judge Koch and my 2006 civil case for PCRIs destruction of my goods.
Barry Joe Stull 10852 SE Stark Street #5 Portland Oregon 97217

Setting aside for the moment the merits of my status in custody, under my status I was afforded
walk time of only 15 minutes per day outside of my cell within which to make telephone calls,
be outside of my cell, and to take a shower. Using the telephone system takes about five minutes
to place a call whether that call is accepted or doesnt go through for whatever reason. Calls to
Metropolitan Public Defender went through quickly as attorney calls, but voicemail messages
never resulted in return telephone calls. When I called and actually connected with Ms.
Rutledge, and expressed my concern I had not been contacted by her, she informed me she was
prohibited from visiting me, and when she telephoned me in MCDC, she was informed I was not
permitted to receive attorney telephone calls. I wonder why neither Ms. Rutledge nor Ms. Fox
sent me a letter notifying me their telephone calls to me had been blocked, if only to suggest
when I might call out to reach them. They simply did not exert effort to communicate with me.
On December 23, 2015, I called and asked Ms. Rutledge whether she had spoken with Mark
Ruibal and if Mr. Ruibal knew I had a $4,800 check, and Ms. Rutledge checked her notes and
said they had a conversation on December 3, when Mr. Ruibal mentioned my $4,800 check. I
was surprised that Ms. Rutledge hadnt made any effort to contact me in that almost three weeks
I was in custody after she learned of my $4,800 check, which was four times what I needed for
I reported at every contact with Metropolitan Public Defender I wasnt getting medical treatment
for my central pain. When I went to court on December 11, 2015, I sent out materials to Ms.
Rutledge establishing the lack of medical treatment, including the Corrections Health December
5, 2015 response to my Medical Request Form. I had requested that my Oregon Clinic
Neurology neurologist be contacted regarding treatment, and included that neurologist Dr.
Robert J. Grimm had prescribed dronabinol when cannabis wasnt available.24 The response said
dronobinol wasnt dispensed inside MCDC, I wouldnt be seen by a doctor, but my medical
charts would be reviewed.
On January 5, 2016, I received my only telephone call from Metropolitan Public Defender, from
Ms. Rutledge. When I raised the issue of why I was in custody when my check for over $4,800
could cover my bail, Ms. Rutledge told me she had talked about that check with Judge Edward
Jones and Judge Jones told her that check wasnt any good. I was shocked to the point of being
sickened. I couldnt believe that not only had my attorney inappropriately had an ex parte
discussion of my case and my check with Judge Jones, she chose to believe Judge Jones in his
22 Since 2013, Ledena Mattox was assigned to assist me by her employer, JOIN, following my

settlement in Stull v. Join et al in federal court. I sued JOIN for violating the Fair Housing Act. I
am housed via a HUD Grant as a person with a disability. Co-defendant Marc Jolin was
subsequently appointed by Chair Kafoury to head A Home For Everyone.
23 Joseph Walsh v. Brian Enge, Charlie Hales and City of Portland, case number 3:15-cv-01666.

Joe Walsh followed my suggestion to take his case to federal court, where Joe won while I was in
24 Dr. Grimm wrote a prescription for dronabinol on September 28, 2006, after PCRI destroyed

my goods in March 2006, an emotionally stressful event prior to the second destruction of my
goods by PCRI in October 2006.
Barry Joe Stull 10852 SE Stark Street #5 Portland Oregon 97217

assertion my check wasnt any good (rather than Mr. Ruibal or myself), all at a time Ms.
Rutledge had never discussed the case with me. I wasnt in a condition to discuss the case
anyway because Id never received discovery. I only had my prior experience to form my
opinion the Portland Police and Multnomah County District Attorney had lied to keep me in
custody on a felony charge when I hadnt committed a felony.25
On January 8, 2016, I received Ms. Rutledges January 5, 2106 letter and what was only part of
the discovery I should have been provided by the Multnomah County District Attorney. On my
first reading of the materials I did receive, I quickly noticed that although the mandated USDOJ
Use of Force Report prepared by PPB Officer Todd Engstrom November 25, 2015 stated there
were no injuries to anyone, the Grand Jury heard testimony from Officer Engsrom prior to
issuing a felony indictment based on my intentional injury of Officer Engstrom.26 That December
10, 2015 Grand Jury Indictment was dismissed on February 9, 2016. In March 2016, I received
the PPB After Incident Report, prepared on November 25, 2015, which, like the Use of Force
Report also stated no police officers were injured.
What Ms. Rutledge stated in her January 5, 2016 letter showed me the deputy district attorney
reached the same conclusion that I had: I hadnt committed a felony (although I was in custody
on a felony charge).
Ms. Rutledge sent her letter her last day before being out of her office for a length of time, and
stated in her letter she was asking the court to rule against my right for a speedy trial because she
was going out of the office until January 19, 2016. Ms. Rutledge also wrote she had asked me if I
wanted to appear before a judge for a custody hearing. Such a question was never asked of me,
because, of course, there is no reason Id want to continue to endure torture in custody without
treatment for my central pain syndrome. By the time I finished reading those documents, I had
no confidence in Metropolitan Public Defender.
My court-appointed counsel failed to promptly send me discovery or discuss the facts of the
matter with me. Metropolitan Public Defender staff instead acquiesced to MCDC staff
interfering with my constitutional right to an attorney, failed to send me discovery materials until
I complained how I hadnt gotten them for over a month after my attorney was appointed to
represent me. Metropolitan Public Defender never interviewed me regarding the facts of either
of the November 2015 cases.
I feel Ms. Rutledge joined in with the office of the district attorney in trying to pull a fast one of
sweeping all of these obvious misdeeds away through telling me, the person with a disability
being tortured in custody by being denied medical treatment, that the only thing I had to do to get
out of jail with a no-jail sentence was take the blame for what everyone but me did. I was told I
could get out of custody and all of the other pending charges would be dismissed if I pled guilty
to attempting to injure a police officer. Worse, as far as my emotional state was concerned, I was
told by Ms. Rutledge if I accepted the plea offer, Harry Carson could represent me, and I would

25 In 2012 I was charged with a felony until after my Pretrial Release Services interview.
26 The December 10, 2015 felony Indictment was dismissed on the district attorneys motion on

February 9, 2016.
Barry Joe Stull 10852 SE Stark Street #5 Portland Oregon 97217

be released the day I went to court with Harry to plead guilty. I contacted Metropolitan Public
Defender and requested a court hearing on substitution of counsel.
On January 28, 2016, I was transported to court and appeared before Judge Edward Jones for my
hearing on substitution of counsel, and since my hearing was before Judge Edward Jones, stated
I wanted to appear before a different judge because I couldnt get a fair hearing before Judge
Jones. I cited State ex rel Kafoury v. Jones as the case law.27
I salted the experience by stating on the record that Judge Edward Jones claim the parties in the
case over PCRIs 2006 misdeeds allowed Judge Jones to determine the damages stood in contrast
with the demand both parties made for a jury trial. I also informed Judge Jones that I had tried to
have him prosecuted for Official Misconduct.28 Judge Jones recused himself, and with Judge
Jones off the case, the matter of substitution of counsel had to be rescheduled with a different
I didnt tell Judge Jones how I also gave the City Council Clerk a certified copy of the entire
contempt of court case against PCRI initiated in 2007 by then Presiding Judge Dale Koch as an
attachment to my Communication on the subject of PCRI and Judge Ed Jones, knowing that
document would be scanned and incorporated in the record, and through that, available on the
internet for anyone to access and see just how obscenely those folk, including Judge Jones, had
acted. Im not certain what caused the City to change its policy prohibiting third parties to be
named as the subject of Portland City Council Communications, but the policy was changed.
That January 28, 2016 hearing did afford the opportunity to meet Kasia Rutledge, where I asked
why I hadnt received discovery on the November 25, 2015 arrest until she sent it with her
January 5, 2016 letter. Ms. Rutledge claimed discovery was mailed to me in November, to
which I replied that if that was true, she needed to initiate an investigation with the United States
Postal Service Postal Inspector for the MCDC failure to deliver my mail.
On February 5, 2016, I was again transported from MCDC to court for substitution of counsel,
and appeared before Judge Jerry Hodson, where again, I stated I couldnt get a fair hearing. I
reported to Judge Hodson that at the time of my arrest in November 2015 the Oregon Court of
Appeals had still not rendered an opinion on the consolidated cases heard before Judge Hodson
27 Former Oregon Attorney Lee Johnson was the Multnomah County Circuit Court judge

attorney Greg Kafoury felt his client could not get a fair hearing before because that client was a
person of modest means. I appealed Judge Lee Johnson in Stull v, Hoke. Both the Oregon
Supreme Court then the Oregon Court of Appeals reversed Judge Lee Johnson. In 2006, Greg
Kafoury agreed to represent me after PCRI destroyed my goods in March 2006. After I was
interviewed by one of Greg Kafourys employees in his office, Mr. Kafoury sent me a letter that
stated his firm decided not to represent me for various reasons. After I received the letter, I
asked the witness present when I first telephoned Greg Kafoury and he agreed to represent me
what was fixed in her mind about that call, she said, There was something funny about the
name. Of course, I didnt not ask Greg Kafoury again after PCRIs October 2006 destruction.
28 July 24, 2013, I notified Mayor Hales I still wanted a police report on Judge Jones crime

Mayor Adams refused.

Barry Joe Stull 10852 SE Stark Street #5 Portland Oregon 97217

in 2012.29 The issues under advisement in the Oregon Court of Appeals included Judge Hodson
had violated both state statute and constitution by allowing the Portland Police to refuse to accept
my defense witness subpoenas.
Judge Hodson also recused himself. Judge Hodson voiced his query as to how my matter could
be rescheduled since the Chief Criminal Judge had recused himself. I assumed Judge Hodson
was referring to Judge Edward Jones, and laughed to myself over how apt a title that was if it
referred to Judge Edward Jones. I was the one in a waist chain and handcuffs and leg irons.
On February 8, 2016, I was transported to court before Presiding Judge Waller. On my way into
the Multnomah County Courthouse, as I was being escorted, we waited as Multnomah County
Sheriff Deputy Hughes exited, reminding both Deputy Hughes and myself I had told Deputy
Hughes in October 2006 I thought PCRI would destroy my goods again. Deputy Hughes
testified before Judge Edward Jones on July 13, 2007, during the hearing on contempt of court
charges against PCRI for twice destroying my goods as my eviction appeal was pending. Deputy
Hughes testified I had expressed my concern prior to PCRI proving my prediction right by
destroying $4,775 worth of musical instruments and tools.30
PCRIs eviction action was filed in Multnomah County Circuit Court in August 2005 as a socalled 30 day no cause under ORS 90.427(2) (2003) against the express statutory prohibition
of ORS 105.120(4) (2003) of filing such an action in court when the rent is paid, as mine was.
Since my own Oregon Supreme Court case, Stull v. Hoke, 326 Or 72 (1997), on page 78, defines
the act of filing a case in court as presenting the paperwork to the court clerk with the intention it
be filed, I knew PCRI destroyed over $20,000 of my goods and the priceless research for my
book as I was appealing a case PCRI wasnt even legally allowed to present to the court clerk.
29 The Court of Appeals took the case under advisement on May 28, 2015. Multnomah County

Circuit Court Cases 1207-48606, 1207-48647, 1207-48681, and 1209-50742 were from my
arrests on July 17, 2012 (twice) July 19, 2012 (twice) and August 29, 2012, for trespass at City
Hall, Emanuel Hospital and the Multnomah County Health Department. The arrests at City Hall
were for violating the since voided Portland City Hall trespass exclusion policy, PCC Section
3.15.020 B5b. At the time of those arrests, I was scheduled for a Communication, The Moral
Profile of a Leader, for the 9:30 AM City Council Hearing August 29, 2012. I was arrested on
my way into the August 29, 2012 hearing under a Trespass Exclusion issued the previous day
based on the July 2012 arrests. August 28, 2012 is memorialized in the Youtube video titled
Barry Joe Stull Chases the Popo filmed in front of Portland City Hall.
30 During the July 13, 2007 hearing, PCRIs attorney stated on the record he had warned PCRIs

Executive Director Maxine Fitzpatrick to be prepared to go to jail for the contempt of court.
Judge Edward Jones instead relieved PCRI of contempt of court and allowed PCRI to not
compensate me for my goods until after my appeal was dismissed by the Oregon Court of
Appeals. My appeal was dismissed for want of prosecution because my timely June 21, 2008
brief was rejected for being size 12 font instead of size 13 font and had too many pages. Without
either my goods or housing, I was too sick with my disability to prepare another brief following
years of court appearances and producing pleadings (which explains why over two years in the
process my June 21, 2008 Appellants Opening Brief was still timely).
Barry Joe Stull 10852 SE Stark Street #5 Portland Oregon 97217

I was aware PCRI had illegally done so in that same courthouse I walked through in shackles
held on a felony concocted by the Portland Police and Multnomah County District Attorney. I
knew my former apartment and four others sat vacant as they have for years in the same county
an average of one person a week dies outside as a homeless person. I also knew PCRI received a
2015 award from Multnomah County Chair Deborah Kafoury, the daughter of Gretchen Kafoury,
the woman PCRIs vacant Kafoury Court five-apartment complex was named after.
As mentioned, I had an opportunity to ask Judge Waller if shed received my letter from MCDC
and she said she had not. I also reported to the deputy district attorney there that day I had been
a crime victim on November 24, 2015, when I was kicked by a woman on the Tri Met 20 bus on
my way to court. Three Transit Police responded, including PPB Officer Helfritch.31 I had heard
nothing from the Multnomah County District Attorney as a victim of that crime (although they
certainly knew where I was). Judge Waller scheduled my hearing on substitution of counsel for
the following day before Judge Christopher Marshall.
At my hearing on February 9, 2016, the state, represented by the Multnomah County District
Attorney, moved to dismiss the felony charge, and chose instead to prosecute the matter as a
I knew by then the Citys misrepresentation of the events of November 24, 2016, in support of a
decision to exclude me from City Hall for twenty-four hours, and prohibit my 9:30 AM
Communication which was on the agenda the next morning, included wildly inaccurate claims.
According to the notice of exclusion from City Hall I received from Brian Enge, which I sent out
to Ms. Rutledge on December 11, 2015, the City claimed on November 24, 2015 I demanded a
ride to my home in Commissioner Amanda Fritzs office. I knew those misrepresentations were
easily disproved, since receptionist Jasmine Gamble was on duty in Commissioner Fritzs office
November 24, 2015, and knew me from years of contacts with that office, including my pursuit
of the promised Free Music Zone. I did not ask for a ride, but instead for the lollipop she gave
me. I reminded her my elderly father framed a photograph of me eating a lollipop she gave me
in 2014.
July 17, 2015, Jasmine Gamble facilitated use of Commissioner Fritzs conference room and sat
in on my meeting with Galina Burley, the head of Portland Parks and Recreation Security. Ms.
Gamble was present when I received Ms. Burleys apology for the encounter I had July 3, 2015,
when ill-mannered and uninformed Park Rangers insisted I not ride my bicycle on a multi-use
sidewalk specifically designated by Metro as a bicycle route. Although I rode my bicycle into
the park, my bicycle was damaged so much I couldnt ride it out of the park.32 Since bicycling is
one of the coping mechanisms for my central pain, that created problems for me, including my
need to address the damage to my bike estimated at over $100 dollars, at a time I couldnt use the
bike in my effort to muster those resources.
My history of interaction with government agencies and regulations, along with my
understanding of the nature of my neurological condition, disability discrimination laws (and
31 Those Transit Police business cards were in my goods destroyed February 4, 2016.
32 My arrest and custody prevented my filing a Notice of Tort Claim, as required by the Oregon

Tort Claims Act within the 180 days following July 3, 2015.
Barry Joe Stull 10852 SE Stark Street #5 Portland Oregon 97217

how Boli doesnt enforce them) and the conflicting statements in the PPB documentation of the
events surrounding my arrest each informed my decision to represent myself at trial. I made
arrangements in Judge Marshalls court to represent myself with assistance of a Metropolitan
Public Defender attorney appointed to assist me regarding obtaining and perfecting my evidence,
such as medical records and the subpoena of witnesses.
My February 9, 2016 hearing, to replace Ms. Rutledge, afforded me the opportunity to ask her
whether the mail records at Metropolitan Public Defender supported Ms. Rutleges claim
discovery materials had been mailed to me in November. Ms. Rutledge responded she had been
in trial and both she and her legal assistant had no opportunity to follow up on checking their
mail records.
I also asked Ms. Rutledge what action she planned to take regarding the MCDC staff violating
my constitutional right to an attorney by refusing to accept her telephone calls to me, and she
said she would take no action. When I pressed Ms. Rutledge on how she could accept such a
violation of her clients constitutionally guaranteed civil rights, she responded by saying she
could give me the name of several civil rights attorneys.
At that point, I felt Ms. Rutledge had not only been derelict in her duty to represent me, but she
had lied to me about how she had mailed discovery materials to me in November, and was
mocking me. When I asked Ms. Rutledge to tell me what my disability is, she first said We
dont know that, then said her records were in her office. Im sure Ms. Rutledge has no idea
what my disability is. Harry Carson does. One day, Harry Carson told me he still had the
enlarged sketch depicting my condition from Dr. Grimms September 28, 2006 chart notes in his
office, years after our trial where Lewis & Clark College and the Multnomah District Attorney
failed to convict me for criminal trespass after I was mugged by Campus Safety in 2010 and my
head was intentionally scoured on the paving stones.33
I dont know whether the Metropolitan Public Defender office manager I contacted had
discussed with Ms. Rutledge that I had called to object to Ms. Rutledges ex parte conversation
with Judge Jones about my $4.800 check, about Ms. Rutledges claim discovery materials were
mailed to me in November, or about how I was going to report the interference with my attorney
telephone calls to the Multnomah County Sheriff Office Internal Affairs and include the names of
the attorneys at Metropolitan Public Defender who had told me their calls to me had been
refused. Im doing that now.
In March 2016, I scheduled a hearing for a motion to dismiss, and due to a court scheduling
error, that date was changed. On March 7, 2016, Christopher Behre, the Metropolitan Public
Defender attorney appointed to assist me with obtaining my witnesses and evidence, informed
me by mail of the rescheduled date for the hearing, and included with his letter and the amended
33 The

district attorney refused to prosecute those three Lewis & Clark College Campus Safety
employees. Moments before my November 25, 2015 arrest, I stated to those in the Council
Chambers how the same week we heard on the news the City was awarded a $500,000 federal
grant to build a park, the City gave a refund of $500,000 in development fees, to Lewis & Clark
College, along with a waiver of future development fees. Such development fees pay for parks
in Portland. The College was upset with me for what I said at a land-use hearing in 2009.

Barry Joe Stull 10852 SE Stark Street #5 Portland Oregon 97217

court order the discovery materials for both of my pending cases, which included material I had
not received from Ms. Rutledge.
In March 2016, I learned how on November 25, 2015, Portland Police Sergeant Jeremy D. Price
prepared an After Incident Report. Sergeant Prices report, like the USDOJ report prepared by
PPB Officer Engstrom, stated there had been no injuries to any party. That discovery material I
never received via Ms. Rutledge established the witness representation to the Grand Jury, that I
had injured Officer Engstrom, was not true.
The After Incident Report also gave me evidence of the concept held by the Portland Police of
who I am is one of their own creation and one which is self-affirming on their part.
On November 25, 2015, upon my exiting the Portland Police patrol car and entering MCDC, the
Corrections Deputy on duty first noted my injuries caused by handcuffs, and agreed to testify
about my injuries, and second to that, that same Corrections Deputy and the Criminalist on duty
discovered the birth date provided as mine by the Portland Police on November 25, 2016, was
given as August 13, 1962, where my actual birthday is September 24, 1958. My fingerprints
were taken by the Criminalist to establish I was who I claimed to be, rather than whatever the
Portland Police Bureau had created. I clearly did not weigh the 260 pounds the Portland Police
provided as my weight.
The inaccurate birthdate presented to MCDC staff on November 25, 2015 was one created and
assigned to me by the Portland Police Bureau and Multnomah County District Attorney in 2009.
In December 2009, I went to the law offices of Bullivant Houser Bailey, who represented PCRI,
and said I was there for a check for the $4,775 Judge Jones determined was the value of my
goods destroyed by PCRI in October 2006 or to go to jail. Oregon law provides for such a
payment as I requested prior to the exhaustion of the civil case. I was arrested by PPB Officer
Stegemeyer, who then created the aka of Barry Joe Stully. By the time of my arraignment on that
charge of trespass, the Stully aka grew to include the birthdate of August 13, 1962.34
As time passed, the fictional Stully grew to have his own aka, one of aka Barry Jo Stully. I was
named Barry Joe Stull by my father before I was born in 1958, and have reason to be proud of
my real name, but Im now forced to include the Portland Police and Multnomah County District
Attorney created akas or the Oregon Court of Appeals will change the caption of the case to
include those fictional Stullys I had nothing to do with.35

34 I was convicted of that 2009 charge of trespass for Failure to Appear when I appeared at the

Monday trial and reported I needed additional time because I was struck by a car while riding my
bike the previous Friday and had been unable to prepare for the trial. Judge Lawrence gave me
15 minutes to prepare for the trial, and when I responded that wasnt enough time, entered the
35 On August 13, 2012, we murdered Barry Joe Stully in effigy on Stullys 50th birthday.

Among others, PPB Central Precinct Commander Robert Day walked though that Stully Must
Die action on the sidewalk in front of City Hall, and I explained the PPB made Stully, and we
killed him. Robert Day signed off on Sergeant Prices November 25, 2015 After Incident Report.
Barry Joe Stull 10852 SE Stark Street #5 Portland Oregon 97217

I did not know on February 9, 2016, when I made arrangements to represent myself, that my
goods, including my personal records and other evidence needed for the pending trials had
already been destroyed by the Portland Police. I also did not know until I received the After
Incident Report in March 2016 how the Portland Police were operating under their
misconception my neurological condition is mental illness rather than a neurological condition
for which I received 45 minutes of exclusive critical care to bring my pulse of 175 beats per
minute under control to prevent circulatory failure in October 2011. In 2004, Dr. Grimm
testified in court on my behalf my central pain condition is a whole new disease on a molecular
basis once the changes in my spinal cord pain relay system happened.36 Dr. Richard B.
Rosenbaum at Oregon Clinic Neurology diagnosed my neurological condition on June 22 2015.
What I repeatedly experience is Portland Police interfering with my access to medical treatment,
then arrest and use of excessive force as my condition worsens both from the lack of medical
treatment, my bodys response to the excessive force, and my reasonable expectation I will be
mishandled to the point my life is in danger, which I will face in custody of the Multnomah
County Sheriff where medical treatment is denied in spite of my diagnosis. Im treated as a
person with a mental illness I havent been diagnosed with rather than as a person with a
neurological condition I have been diagnosed as having by four neurologists, including Dr.
Grimm, who operated a brain research laboratory and was recognized for his expertise by the
Oregon Supreme Court in 2000 for having advanced degrees in Neurology and
The last three neurologists Ive seen told me cannabis was a reasonable treatment (because
central pain is very difficult to manage because the condition is a product of the damaged nerves
36 In Multnomah County Circuit Court Case 0310-35386, Dr. Grimm testified on my behalf.

Following my September 1, 2003 encounter with the Portland Police, PPB Officer Jason Sery
wrote in his police report the issue of Stephen Dons came up and it sounded like I had inside
information. Stephen Dons died in custody of MCDC February 25, 1998 prior to his trial over
the warrantless entry to his Portland home by the PPB Marijuana Task Force. PPB Officer
Colleen Waibel died after being gunshot in Stephen Dons home on December 27, 1997. Prior
to my trial, in March 2004 Officer Sery shot the unarmed black motorist James Jahar Perez; an
incident which the City Auditor characterized as one which created intense community
concern in her introduction to the 2012 OIR report on officer-involved killings. Dr. Grimm was
prevented from testifying to the jury about my medical condition in June 2004 through case law
found to have been made obsolete by the Oregon Medical Marijuana Act of 1998, as my appeal
of the 2004 felony conviction was pending. PCRIs eviction, surprise lockout in violation of a
stay pending appeal, and twice destruction of my goods, thwarted my appeal of the 2004 case
brought by Officer Sery. The points I argued at trial in 2004 were upheld by Oregon appellate
court opinions, but not in my casebecause my public defender never discussed the case I
myself prosecuted at trial with me, prior to his filing the Appellants Brief he wrote on my
behalf, and never raised those important issues which would have reversed the felony case, and
Officer Sery. I am ordinarily permitted a five-page Supplemental Pro Se brief, but he also cut me
out of that option through his lack of communication with me as my appeal progressed.
37Oregon Supreme Court Footnote 3 from Jennings v. Baxter Healthcare, 331 Or 285 (2000).
Barry Joe Stull 10852 SE Stark Street #5 Portland Oregon 97217

themselves). The Multnomah County Health Department38, and by extension the Multnomah
County Corrections Health, have exhibited hostility to me for that reason, and I received no
treatment for central pain any time Ive been in custody of the Multnomah County Sheriff.
When I filed a grievance while in custody on the not a felony felony charge the response
included the suggestion I try medications which are listed in my medical records as allergies
because they worsen my central pain condition. My appeal of that grievance remained
unaddressed through the time of release from MCDC on February 9, 2016.
Although my personal records have been destroyed repeatedly over the years, including on
February 4 of this year, much of the documentation to prove my version of these events as being
true exists in the public record.
In closing, Sergeant Johnson, I must add that our interactions have always been pleasant, which
also applies to Sergeant Gosson, and I would be happy to assist you with obtaining evidence of
the crimes I hope you will see are prosecuted by the appropriate agency. Of course my disabling
condition imposes limitations. In that light, please feel free to contact me regarding scheduling
another office visit, where I might either provide evidence or suggest where it may be located.
Lets all prove Warren Cook was wrong!
On a lighter note, in 2000, as a candidate for State Representative, running against Deborah
Kafoury, I was characterized as one who fearlessly champions government and racist police
corruption head on. Since then Ive proven that. Although the scars on the top of my head have
faded, my neck still hurts.
I may be reached via email at My mailing address is:
Barry Joe Stull
10852 SE Stark Street #5
Portland OR 97216
I almost always complete forms with no telephone due to disability because telephones are
inherently stressful. I do make telephone calls and participate in hearings via telephone. I
simply know from experience its better to not have the surprise of the telephone ring or
exposure to potentially stressful events I cant buffer.
To explain how my disability works, and how I cope with it, on November 19, 2015, I went to
Emanuel Hospital experiencing, an episode caused by the surge of adrenaline produced by the
threatening and stressful event at Hazelnut Grove on November 17, 2015 (I have a philosophy
of nonviolence, but one of self-defense. I dont start fights, but finish them- and people may
38 Although Multnomah County Health Department Dr. Patricia Kullberg authorized my

registry with the Oregon Medical Marijuana Program in 2011, her diagnosis was not included in
my medical records. Once I discovered the chart omission, the Multnomah County Health
Department refused to correct my medical records to include Dr. Kullberss diagnosis of my
central neuropathic pain, even after I provided the Oregon Medical Marijuana Program records,
which included Dr. Kullbergs Attending Physician Statement containing both the diagnosis and
Dr.Kullbergs address as the Multnomah County Health Department Westside Clinic.
Barry Joe Stull 10852 SE Stark Street #5 Portland Oregon 97217

require medical treatment, including me because Im incredibly powerful). On intake at the

hospital, my pulse was 80 beats per minute (bpm). It was 50 bpm when taken by a registered
nurse after I was released from MCDC November 9, 2015. At my January 25, 2015 doctor visit
in MCDC my pulse was 65 bpm.
I told the Emanuel Hospital Emergency Department doctor about my condition, and after
checking my medical files there, I was allowed to be left undisturbed in an treatment room with
the lights lowered. After around twenty minutes of talking my pulse down as Ill call my silent
technique, I stepped out of the darkened room and asked a nurse to check my pulse. He did and
said, Its 70 beats per minute. Perfect. I responded by saying, no, for me its elevated and
should be below 60, and told him that in the future he should simply take the pulse and not
decide that its perfect without knowing about the patients condition.
I returned to the darkened room, continued my process of techniques to force my pulse down and
left once it was down below 65 beats per minute, safer, but still evidence of flare of my condition
caused at Hazelnut Grove. No medication, just the calm and safe environment where I could be
assured that if my pulse rate continued to escalate, emergency medical intervention was readily
available. For my condition its all or nothing. Id prefer the nothing, its safer and cheaper.
On the night in 2011 my pulse rose to an incredible and uncontrollable 175 beats per minute,
which could have killed me, less than five minutes prior to my arrival to the hospital, the
ambulance attendant called in that my pulse was 90 beats per minute.
After PPB Sergeant Holbrook prevented my getting into an ambulance with my second arrest on
July 19, 2012, telling me,Weve got your ride here, Mr. Stull, and the completion of a form
stating I refused medical treatment submitted to the staff in the Mutlnomah County Detention
Center? Cell door S175 is still bent in the frame and looks like it got run over by a truck, as the
Corrections Deputy who offered to testify about my handcuff injuries and I both observed and
discussed on November 25, 2015 following my arrest at City Hall. Dont worry, I lived.

Barry Joe Stull

Barry Joe Stull 10852 SE Stark Street #5 Portland Oregon 97217