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IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON FOR KING COUNTY

No. 00-2-14946-8 SEA

KING COUNTY, a political subdivision of the State of Washington, Plaintiff,
v.
JOHN RASMUSSEN, and NANCY RASMUSSEN, husband and wife, and their marital community Defendants.

DECLARATION OF SHELLEY MARELLI

         Please read a disclaimer for the statements I make on this website accusing judges, politicians and activists of criminal actions.


    Note from John Rasmussen:

    The purpose of this document:

           This is an annotated version of the slanderous declaration by King County Parks Program Manager Shelley Marelli in support of King County's motion for a preliminary injunction against me in its King County v. Rasmussen lawsuit.
          (My statements describing wrongdoing or criminal actions on this webpage are a First Amendment expression of my opinion.)

        View Shelley Marelliís declaration, without my comments.

        View an annotated transcript of the preliminary injunction hearing to which this declaration was submitted.

    The background leading to this declaration:

           This declaration was concocted to mischaracterize me as some sort of criminal in order to place me at a disadvantage in my lawsuit with King County, and to threaten me with false prosecution. It was the King County Prosecutorís way of letting me know that it would be better if I kept quiet about the federal tax fraud scheme used to establish the East Lake Sammamish Trail. I "blew the whistle" on the tax fraud scheme in early 2000. King County's response was to "Lie, Stonewall, and Slander". Later, I expressed my intention to defend my land and rights with a shotgun unless the County stop its trespass on my property, or at least begin communicating with me. King County's response was the letter from Executive Ron Sims to me on August 24, 2000, threatening me with false felony prosecution, and the filing of this lawsuit. The County's willingness to manufacture evidence in order to hide its crimes and threaten its residents is made obvious by a study of this annotated perjurious declaration by King County Parks Program Manager Shelley Marelli.
          (My statements describing wrongdoing or criminal actions on this webpage are a First Amendment expression of my opinion.)

        View a detailed explanation of the background which lead to this perjurious declaration.

    Perjury!

           In this declaration Ms. Marelli describes me as a criminal who threatened King County employees. But there is a big problem with her declaration. I have no idea who Shelly Marelli is. I have never met her nor have I ever had any contact with her. Yet in her first statement of this declaration, she claims "I have personal knowledge of the matters contained herein...". It is bizarre that she would make that statement without having had some contact with me. Ms. Marelli claims I threatened County employees, but gives no date or names of those she claims I threatened. She provides no document which shows she reported her concerns to her superiors or the King County Sheriff. Ms. Marelli explains that procedures were put in place to protect King County employees from my threats, but gives no date or employees who were informed nor does she provide a copy of these procedures. All of Ms. Marelli's "fear" of me just magically appeared when the County filed its lawsuit against me and need someone to slander me in order to get its preliminary injunction. Ms. Marelli is a liar. I never illegally threatened any King County employee. The only threat I made to the County was to expose its tax fraud scheme and defend myself against its criminal acts.
          (My statements describing wrongdoing or criminal actions on this webpage are a First Amendment expression of my opinion.)

    This is one of two slanderous declarations against me.

           While I had no contact with Ms. Marelli, I did have a confrontational meeting with Ms. Jennifer Knauer, the other female King County manager who provided false witness against me. Ms. Knauer conveniently "forgot" to mention our confrontational meeting and her attempt three days later to lure me or one of my neighbors into false arrest. I documented her arrogant actions, but Knauer didn't include it in her declaration because admitting that she was an aggressive manager who ignored citizen's complaints and tried to get them falsely arrested would not have been consistent with her description of herself as a vulnerable young woman living in fear of me. In her declaration, Ms. Knauer had the same problem that Marelli has in this one. Knauer claims unspecified threats on unspecified dates to unspecified employees. Just like Marelli, Knauer claims that my threats stopped the County's access to its right-of-way. Just like Marelli, Knauer provides no evidence she reported her fears to her superiors or the Sheriff. Just like Marelli, Knauer claims she put procedures in place to protect her employees, but names no date and provides no document to show she took any precautions whatsoever. Just like Marelli, Knauer's "fear" and "concerns" magically materialized at the moment that the King County Prosecutor needed someone to slander me in order to get a preliminary injunction to stop my interference with the County's theft of my land. Ms. Knauer and Ms. Marelli lied in order to harm me and advance themselves in a very corrupt King County bureaucracy.
          (My statements describing wrongdoing or criminal actions on this webpage are a First Amendment expression of my opinion.)

        View an annotated version of Jennifer Knauerís perjurious declaration.

        View an annotated transcript of the preliminary injunction hearing held by Judge Donald Haley.

    Color Scheme:

          Ms. Marelli's declaration is in bold blue font. I have added my comments in black font, bracketed by horizontal reference lines, and indented as shown here.



Shelley Marelli declares as follows:

1. I have personal knowledge of the matters contained herein and am competent to testify thereto.

2. I serve as a Program Manager for the King County Park System ("Parks"). In that role, I manage King County's real property, the former rail corridor along East Lake Sammamish, and develop trail policy for managing the corridor, and the future East Lake Sammamish Trail.

3. The County's property, the former rail corridor, is railbanked pursuant to Federal law. Therefore, the County is obligated to maintain and preserve the corridor until it is needed again for rail use.

4. Parks specifically is required to manage these lands, pursuant to Sections 2.16.050(B)(1) and 4.56.060(E) of the King County Code.

5. Parks staff, therefore, maintains the corridor, responds to citizenís requests for private uses of the corridor, and monitors the corridor for illegal encroachments. These activities require County staff to have reasonable access to the entire corridor, including King County's fee simple properties and easements.

6. Additionally, to continue preparation of a Master Plan, County personnel and consulting staff need access to the entire corridor.

7. Recently, I received the e-mail sent by Mr. Rasmussen to King County Councilmember David Irons on August 9, 2000.

8. In his e-mail, Mr. Rasmussen threatened to meet County staff on the corridor with a loaded shotgun. He also threatened to "use whatever force is necessary to remove themÖ."



    Note from John Rasmussen:

         If Ms. Marelli actually read my letter of August 9, 2000 to David Irons, then she was aware that for fifteen months I begged, pleaded, challenged, or demanded that the King County justify its trespass on my property. She was aware that I spelled out violations of the law and violations of my rights in that letter. Ms. Marelli also was aware that I spelled out evidence of the federal tax fraud scheme used to establish the East Lake Sammamish Trail. If Ms. Marelli actually read that letter, she was aware that the King County stonewalled every effort I had made to establish a dialog.
        (My statements describing wrongdoing or criminal actions on this webpage are a First Amendment expression of my opinion.)

         If Ms. Marelli actually read my letter, then she knew that a confrontation with innocent County staff would occur only if King County orchestrated it. By claiming she read my letter, Ms. Marelli admits that she was aware of my commitment to give 72 hours notice before removing trespassing County employees. By claiming she read my letter, Ms. Marelli admits she was aware of my concern that innocent County employees not be dragged into a confrontation between me and the criminal element of King County's leadership. So therefore, Ms. Marelli knew the only way innocent King County employees would become involved is if she intentionally sent them onto my right-of-way land without informing them, after I had given 72 hours notice. I have to assume that, by making her above claim of threats, Ms. Marelli was indicating her intention set up that ugly confrontation. Ms. Marelli incriminates herself with her statement. Of course I might have misunderstood her above statement, just as she might have misunderstood my August 9, 2000 email letter. Misunderstandings dissolve when parties talk to each other. It's a shame Ms. Marelli and King County refused my repeated invitations to communicate. My August 9, 2000 letter to David Irons, and its nineteen attachments, is linked here. Understand what Ms. Marelli claims she read. (My statements describing wrongdoing or criminal actions on this webpage are a First Amendment expression of my opinion.)

      August 9, 2000 email to David Irons, describing the corruption in King County and expressing my willingness to defend my property and my rights with a shotgun.

         The following letters were attached to the above August 9, 2000 letter. They show the stonewalling by the County which led to letter on August 9th.

      February 7, 2000 email to Ron Sims and County Council describing the federal tax fraud scheme used to establish the trail. No Response.

      February 7, 2000 email to Ron Sims and County Council describing the federal tax fraud scheme used to establish the trail. No Response.

      January 23, 2000 email to the King County Sheriff, challenging the Sheriff to uphold the law. No Response.

      January 18, 2000 email to my weak King County Representative, David Irons, Communication, But No Promised Action.

      January 11, 2000 email to the prosecutor asking him to meet with me to discuss our differences. No Response.

      January 10, 2000 email to Norm Maleng, the Prosecutor, asking him to confirm his claim to ownership of my right-of-way land. No Response.

      December 31, 1999 email to the prosecutor asking him, a second time, to answer my question. No Response.

      December 19, 1999 email to the prosecutor asking him to confirm his claim to ownership of all the land under the ELS right-of-way. No Response.

      November 29, 1999 email to King County dcfm with cc. to King County leadership. No Response.

      August 18, 1999 email to Maggi Fimia, King County Council, asking her to obey the law. No Response.

      August 11, 1999 email to the King County Sheriff and leadership explaining that I believe the Sheriff is ignoring a crime. No Intelligible Response.

      August 11, 1999 email to the King County Sheriff and leadership explaining that I believe the Sheriff is ignoring a crime. No Intelligible Response.

      August 2, 1999 email to the King County prosecutor demanding he explain his "clear view" of the legal situation on ELST. No Response.

      July 15, 1999 email to Ron Sims, County Council and Sheriff. I demanded they justify their trespass on my property. No Response.

      July 4, 1999 email to Ron Sims, County Council and Sheriff. I asked they respect my property rights on the Forth of July. No Response.

      June 21, 1999 email to Ron Sims and County Council. I demanded they justify their trespass on my property. No Response.

      April 29, 1999 email to the King County prosecutor. I demand he stay off my property until I was compensated for the taking. No Response.

      April 26, 1999 email from the King County prosecutor. Vague, non-specific response.

      April 21, 1999 email to the King County prosecutor demanding that the county recognize my property rights. Vague Response.

      April 14, 1999 email to Governor Gary Locke, requesting assistance defending my rights. No Significant Response.

      April 9, 1999 email to Ron Sims demanding that the county recognize my property rights. No Response.

         Ms. Marelli states that she read my August 9, 2000 letter to David Irons, so she admits that she is familiar with all the issues I discussed in that letter and its attachments. Considering that admission, it is very odd to me that Ms. Marelli could only find a threat to harm King County employees in all of those letters, and nothing else. Apparently, Ms. Marelli has a reading disorder. At the very least, she is a very selective reader. If Ms. Marelli was aware of my commitment to defend my property with a gun, then she was also aware that I pledged to give 72 hours notice before meeting trespassing county employees on my land. She had to be aware that I expressed my concern that innocent county employees not be pulled into a confrontation between the very crooked King County leadership and a landowner who was defending his property and his rights. If she actually read my letter, did Ms. Marelli ask her supervisor to end the countyís fifteen months of stonewalling by King County and begin an honest dialogue with me? I could not get an answer to that question. I was never given the opportunity to have Ms. Marelli answer my questions under oath.
        (My statements describing wrongdoing or criminal actions on this webpage are a First Amendment expression of my opinion.)



9. Because of Mr. Rasmussen's most recent and earlier threats to County staff, on August 21, 2000, I directed Parks and DCFM (Department of Construction and Facilities Management) personnel, and consulting staff, to stay away from the corridor near the Rasmussens' residence until further notice.



    Note from John Rasmussen:

         In her above sentence, Ms. Marelli refers to "earlier threats". She provides no date, no person threatened, no description of this "earlier threat", and no document in support of her ridiculous claim. How do I defend myself against this phantom threat. I have no idea of what she is describing. In spite of Ms. Marelli's first statement in this declaration that she has "...personal knowledge of the matters contained herein...", here she describes "earlier threats" of which she obviously has no personal knowledge. That is hearsay, and hearsay is not allowed in legitimate declarations. An honest King County Prosecutor would have provided a declaration from one of the folks that Ms. Marelli claims I "earlier threat[ened]". The problem for the Prosecutor and Ms. Marelli is that I never illegally threatened any King County employee. So, there wasn't an employee who could declare what Marelli tries to establish through hearsay. Instead, we get this unverifiable "declaration" from a King County Manager who obviously is attempting to further herself in a very corrupt King County bureaucracy.
        (My statements describing wrongdoing or criminal actions on this webpage are a First Amendment expression of my opinion.)

         Where is the exhibit that should be attached here, showing that on August 21, 2000 Ms. Marelli actually directed her employees to stay away from my residence? It would have been so easy to attach a copy of that memo to her employees, if there really was such a directive. Instead, we get her sworn statement without any proof or documentation. If she actually directed her employees to avoid my residence, her statement would have some credibility with that exhibit. I strongly suspect that notification never happened. (My statements describing wrongdoing or criminal actions on this webpage are a First Amendment expression of my opinion.)

         For fifteen months, I had been asking, begging, or demanding that the County open a channel of communication with me. If Ms. Marelli read my letters, as she claims, then she was aware of this. Why didn't she simple let me know of her concerns? It was the County, not me, that was blocking communication. If she had expressed her concerns to me at that time, I would have jumped at the opportunity to calm her fears. (But, I also would have demanded she explain her right to send her employees onto my land for trail purposes.) I don't believe she had any fear of me. I don't believe she sent any warning about me to her employees. (My statements describing wrongdoing or criminal actions on this webpage are a First Amendment expression of my opinion.)

         If Ms. Marelli had fear of me, why didn't she contact Sheriff Reichert? The Sheriff had responsibility to protect her employees. Where is the notification of her concerns to Reichert? If Ms. Marelli had this alleged fear of me, why didn't she have the Sheriff contact me? I believe that neither Marelli, nor Reichert, nor any other County official had any concerns about me. Instead, I believe that Ms. Marelli has manufactured these concerns in her declaration to aid the Prosecutor in obtaining a preliminary injunction against me. I tried repeatedly to encourage Sheriff Reichert to have the character to stand up to the County's corruption. Read my letters to the Sheriff linked here. The reader will notice that it was I who notified Sheriff Reichert of my August 9, 2000 letter. That letter is the only legitimate "personal knowledge" which Ms. Marelli identifies in this slanderous declaration. (My statements describing wrongdoing or criminal actions on this webpage are a First Amendment expression of my opinion.)

      Read my letter to Sheriff Reichert on August 11, 1999.

      Read my letter to Sheriff Reichert on January 23, 2000.

      My "whistle blower" letter on February 7, 2000 was copied to Sheriff Reichert.

      Confirm my letter to David Irons on August 9, 2000 was copied to Sheriff Reichert.

         Also, Ms. Marelli really likes to use the word "threats" in this declaration. The only significant "threat" I made was to expose the complete corruption of King County in the establishment of the East Lake Sammamish trail. That's not a threat, that's being a responsible member of the community.
        (My statements describing wrongdoing or criminal actions on this webpage are a First Amendment expression of my opinion.)



10. This informal policy applies to approximately 1 mile of the roughly 11 mile corridor.

11. I took this action to protect the health and safety of County personnel.

12. Because of Mr. Rasmussen's threats, Barbara Wright, Parks Administrator, sent an e-mail to County Department Directors on August 21, 2000, instructing them that County staff must stay off the corridor in the area of the Rasmussen residence until further notice.



    Note from John Rasmussen:

         Where is the exhibit that should be attached here, providing the email that Barbara Wright allegedly sent on August 21, 2000? Ms. Marelli doesn't declare that she received that email. Ms. Marelli doesn't provide a copy of that email which she personally received. So, it appears that this statement by Ms. Marelli is more hearsay. In her first statement of this declaration, Ms. Marelli states "I have personal knowledge of the matters contained herein...". Yet, here she provides no statement or documentation that she has "personal knowledge" of Ms. Wright's email. Ms. Marelli appears to be trashing my reputation based on hearsay. It would have been so easy to attach that email as an exhibit, if there were such an email. I question its existence. (My statements describing wrongdoing or criminal actions on this webpage are a First Amendment expression of my opinion.)

         Why didn't the King County Prosecutor present a declaration by Barbara Wright and supply her alleged email as an exhibit. The King County Prosecutor knew this statement by Marelli was hearsay. So, why didn't the Prosecutor present a legitimate declaration, with an actual exhibit for confirmation? We know the Prosecutor wasn't pressed for time. It was he who moved for the preliminary injunction.
        (My statements describing wrongdoing or criminal actions on this webpage are a First Amendment expression of my opinion.)

         If Ms. Wright had fear of me, where is evidence that she contact Sheriff Reichert? It's the Sheriff's duty to protect King County employees and citizens. Where is Wright's notification of her concerns to Reichert? Why didn't the Sheriff contact me? As I stated above, I believe that the fears and concerns expressed in this declaration are phony. I believe that they are simply part of the dishonest tactics used by the Prosecutor to obtain a preliminary injunction against me.
        (My statements describing wrongdoing or criminal actions on this webpage are a First Amendment expression of my opinion.)

         Again, I provide several of the letters which I sent to Sheriff Reichert asking that he defend me and the people of King County against the criminal activity of the King County leadership. Why is this King County manager "forgetting" to contact the sheriff, and it is I who is asking that the Sheriff defend me. Usually the person being illegally harmed is the one who contacts the Sheriff and asks for protection. Would someone please explain why Marelli and Wright "forgot" to express their "fears" to the Sheriff? (My statements describing wrongdoing or criminal actions on this webpage are a First Amendment expression of my opinion.)

      Read my letter to Sheriff Reichert on August 11, 1999.

      Read my letter to Sheriff Reichert on January 23, 2000.

      My "whistle blower" letter on February 7, 2000 was copied to Sheriff Reichert.

      Confirm my letter to David Irons on August 9, 2000 was copied to Sheriff Reichert.

         Also, the word "threats" is starting to appear in almost every sentence. Perhaps, if Ms. Marelli uses that word enough times, it will actually stick.



13. As a result of Mr. Rasmussen's threats, the Executive staff also prepared a preliminary safety plan, which directs that no County personnel should enter the corridor near the Rasmussen residence, until further notice.



    Note from John Rasmussen:

         Where is the exhibit that should be attached here, showing the "preliminary safety plan" that Ms. Marelli claims the "Executive staff" prepared? Who are the members of this "Executive staff"? What is the date of this phantom document? If Ms. Marelli is a member of this "Executive staff", and was presented with this "preliminary safety plan", then why didn't she state that fact. That would be an important fact for Ms. Marelli to state because it would establish "personal knowledge". At the beginning of this declaration, Ms. Marelli states "I have personal knowledge of the matters contained herein...". Yet, here she gives the impression that she has no "personal knowledge" of this elusive "preliminary safety plan". This just looks like more hearsay.
        (My statements describing wrongdoing or criminal actions on this webpage are a First Amendment expression of my opinion.)

         Also, thereís that word "threats", again.



14. King County took these actions to protect the health and safety of its staff.

15. As a result of Mr. Rasmussenís threats, Parks has been unable to conduct necessary maintenance operations or any other activity in the area of the corridor near the Rasmussen residence.



    Note from John Rasmussen:

         Wow, "threats" again, what a surprise!

         Ms. Marelli claims that that "...Parks has been unable to conduct necessary maintenance operations or any other activity in the area of the corridor near the Rasmussen residence." The only "personal knowledge" that Ms. Marelli has established in this declaration is her claim that she read my August 9, 2000 email to David Irons and its nineteen attachments. Therefore, we know that the "threats" she describes in her above paragraph are based only on those emails. So, that means that Ms. Marelli was aware that I always differentiated between the County's right to access and maintain its legally established railroad easement and its right to access and maintain its illegally taken trail easement. Under the Railbanking law and refining legal opinions, the establishment of a trail is a taking. Under the Washington State Constitution, the taking of land for a trail must be compensated before it is used. If King County had a legal easement for a trail, why didn't it explain the legality of its claim? Wouldn't that be easier that playing all these games in court?
        (My statements describing wrongdoing or criminal actions on this webpage are a First Amendment expression of my opinion.)

      Read my August 9, 2000 email and its nineteen attachments to verify that I differentiated between railroad maintenance and trail maintenance.

         Of course I had no idea that the County was actually claiming the ownership of my right-of-way land. Since about fourteen SLS&E right of way deeds had been previously disputed in King County courts and all were determined to be easements, I had always presumed the issue was an easement for a trail, not actual ownership of the land. When I later understood that the County was actually claiming ownership of my land, I had asked the County Prosecutor three times if he was making that claim. The Prosecutor refused to answer those three emails. Read those emails to understand how King County was willing to move onto my land, and then refuse to explain its right when I challenged its actions.
        (My statements describing wrongdoing or criminal actions on this webpage are a First Amendment expression of my opinion.)

      Read my December 19, 1999 email to David Eldred asking if King County was claiming ownership of my land. This letter was not answered.

      Read my second email on December 31, 1999 to David Eldred asking a if King County was claiming ownership of my land. This letter was not answered.

      Read my email on January 10, 2000 email to Norm Maleng asking if King County was claiming ownership of my land. This letter was not answered.

      Understand that, prior to the ELS tax fraud scheme, all SLS&E deeds contested in King County courts were determined to be easements.

         Ms. Marelli's only claim of "personal knowledge" is based on the emails which I sent to King County. Because of her mischaracterization of my statements, she indicates that she either didn't actually read those emails, or that she refused to get clarification. It's important to understand that in those emails I repeatedly begged that the County open a line of communication with me. If Ms. Marelli had any concern, she knew she could have contacted me to resolve it. Instead, she adhered to the County's policy of "Lie, Stonewall, and Slander".
        (My statements describing wrongdoing or criminal actions on this webpage are a First Amendment expression of my opinion.)



16. In one instance, Mr. Rasmussen's threats and the County's safety policy so worried County Roads workers, that they refused to work on corridor crossings, even though the location of their work was far from the Rasmussen residence.



    Note from John Rasmussen:

         Gosh, If Ms. Marelli has a favorite word, Iíd guess that it is "threats". She just canít stop using it. Does she believe that if she uses it enough times, it will become the truth?

         Let's review her latest ridiculous statement. Ms. Marelli, or some unnamed King County officials who published the "County's safety policy", made up lies about me by mischaracterizing me as a threat to the safety of County employees. Next, they told these lies to unnamed King County Roads workers. Then, these unnamed King County Roads workers refused to go near my house out of a fear based on the lies told to them by Ms. Marelli or her unnamed cronies. As a result, Iím somehow supposed to be responsible for causing this fear when I had no contact with these unnamed King County Roads workers, and certainly didn't threaten any county employees. Of course there are a couple of obvious questions that I was never able to ask. Exactly who are these unnamed "County Roads workers" who Ms. Marelli says I threatened? If they even exist, why didn't one of these unnamed "County Roads workers" provide a declaration under penalty of perjury? It appears from her statement, that Ms. Marelli has no "personal knowledge" of this alleged fear by these unnamed "County Roads workers". Yet at the beginning of this declaration, Ms. Marelli states "I have personal knowledge of the matters contained herein...". Isn't Ms. Marelli's statement another example of hearsay?
        (My statements describing wrongdoing or criminal actions on this webpage are a First Amendment expression of my opinion.)

         Why did the King County Prosecutor provide this hearsay evidence from Ms. Marelli if he had real people with "personal knowledge" available to declare under penalty of perjury that I had actually threatened them? All the "evidence" that Marelli provides in this declaration is hearsay. Not surprising, the other declaration which the Prosecutor presents in support of his motion for a preliminary injunction is filled with hearsay evidence and verifiable lies, too. At some point, the reader must begin to realize the depth of dishonest by the King County Prosecutor in this lawsuit.
        (My statements describing wrongdoing or criminal actions on this webpage are a First Amendment expression of my opinion.)

         For fifteen months, King County employees marched across my property. I confronted some of them and asked why they were on my property. If they were there for trail purposes, I informed them that they were trespassing, asked that they leave my property, and asked that they advise their supervisors to meet with me. I was ignored by every one of them. I never threatened to harm any King County employee. As a result, no county employee made a declaration against me based on any personal threat. I never took a weapon of any kind to the right-of-way to defend my rights or to threaten any county employee. Since no King County employee was personally threatened by me, it appears that the prosecutor convinced Ms. Marelli to make up this declaration in order to manufacture a threat. Of course Marelli had no fear of prosecution for perjury. The King County Prosecutor was not going to prosecute his own declarant.
        (My statements describing wrongdoing or criminal actions on this webpage are a First Amendment expression of my opinion.)

         The most confrontational exchange on the right-of-way happened when I sat down in front of a King County jeep to block its passage. I did this after many months of asking County employees to cease their trespass. The King County employee driving that jeep had just had an unpleasant exchange of words with me about her trespass. Since she told me she was on my property for trail purposes, I demanded that she depart my land from the side she entered. She refused, and stated her intention to continue across my property. As I sat down to block her jeep, I had a legitimate concern that she would drive over me in anger. I was the only person who was ever exposed to a threat of physical harm on my portion of the ELS right-of-way. No county employee ever was illegally threatened by me.
        (My statements describing wrongdoing or criminal actions on this webpage are a First Amendment expression of my opinion.)



17. For these reasons, I respectfully ask the court to issue a preliminary injunction preventing Mr. Rasmussen from threatening, using force, and obstructing, by any means, the use of the corridor by County staff.

18. Without at least a preliminary injunction in place, County staff will be unable to safely access the corridor near the Rasmussen residence.

I declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct.



    Summary by John Rasmussen:

         Ms. Marelli and I never met. She never had any exchange of words with me. In the first sentence of this declaration she states that "I have personal knowledge of the matters contained herein...". As one reads this declaration, one realizes that she has no "personal knowledge" of the events she describes. Apparently the only "personal knowledge" Ms. Marelli had was the contents of my August 9, 2000 email letter. But, the only King County employees addressed in that letter were Councilman David Irons and Sheriff Reichert. So, her "personal knowledge" is based on a letter that wasn't even addressed to her. Since she declared that she had read my August 9, 2000 letter and its nineteen attachments, Marelli was aware of my evidence that the prosecutor and leadership of the county had participated in a federal tax fraud scheme in order to establish the trail. She was aware of my evidence that the county had lied to the public. She was aware that I expressed my willingness to stand with a shotgun to defend my property and my rights, only after county officials had stonewalled my right to discuss the situation with them for fifteen months. Further, she was aware that I had explained my concern that innocent county employees not be harmed. With this knowledge, Ms. Marelli intentionally lied to mischaracterize me as a person who intended to harm innocent county employees. As I explained in the discussion above, if Ms. Marelli actually read my August 9, 2000 letter, then she knew that a confrontation with innocent County staff would occur only if King County orchestrated it.
        (My statements describing wrongdoing or criminal actions on this webpage are a First Amendment expression of my opinion.)

         As I stated above, where is any reference to the King County Sheriff in this declaration? Apparently, Ms. Marelli was unaware that illegal threats should be reported to the sheriff. Why didn't Ms. Marelli have the Sheriff Reichert contact me? If I was paralyzing Ms. Marelli's department with my illegal "threats", why didn't she request help from the sheriff? Also, if my "threats" were illegal, why didn't the King County Prosecutor file criminal charges against me? The Prosecutor would have loved to have a criminal conviction against me, or another East Lake Sammamish resident, in connection with the ELS Trail. Aren't the Prosecutor and the Sheriff responsible to maintain order in the County? So, why wasn't I criminally prosecuted? Well, the answer is that the King County Prosecutor was acting criminally, not me. Further, it was I who contacted Sheriff Reichert, repeatedly, asking him to stand up against the criminal actions of the County leadership. I wasn't prosecuted because the resulting jury trial would have exposed the County's corruption.
        (My statements describing wrongdoing or criminal actions on this webpage are a First Amendment expression of my opinion.)

         Ms. Marelli stated that she had "...personal knowledge of the matters contained herein...", but all of the actions she described as "threats" were actions of which she had no personal knowledge. Her alleged evidence is undocumented hearsay. Her declaration is blatant and intentional perjury. This declaration is a good example of how crooked King County officials deal with residents who blow the whistle on their criminal activities.
        (My statements describing wrongdoing or criminal actions on this webpage are a First Amendment expression of my opinion.)

         While this declaration is perjurious, Ms. Marelli had no fear of prosecution for perjury. Norm Maleng, the King County Prosecutor, would never have prosecuted his own witness, because that would be the equivalent of prosecuting himself.
        (My statements describing wrongdoing or criminal actions on this webpage are a First Amendment expression of my opinion.)



EXECUTED this ___ day of August, 2000 at SEATTLE, Washington.

________________________________________

SHELLEY MARELLI























































Reference


Background leading to the September 14, 2000 Preliminary Injunction Hearing
in King County v. Rasmussen and this slanderous declaration by Shelly Marelli:

Stonewalling and lies:

         The September 14, 2000 Preliminary Injunction Hearing in King County v. Rasmussen grew out of my discovery of King County's participation in the East Lake Sammamish federal tax fraud scheme. I discovered the tax fraud scheme in early 2000. Since King County Prosecutor Norm Maleng appeared to be the most active participant in the crime, on January 31, 2000 I wrote an email to Norm Maleng describing the tax fraud scheme and challenging him to explain his participation. Maleng refused to reply to my email, so on February 7, 2000 I wrote an email to Ron Sims and the King County Council, forwarding my January 31st email and requesting the leadership of the County to investigate and respond. The leadership of King County did not respond. The County leadership is famous for its policy of "Lie, Stonewall and Slander". Stonewalling is how King County "answered" my emails. Several months passed and the County continued to send a stream of employees across my land. The County simply took over my land, and when I demanded it explain its right, the County completely ignored me. Finally, on July 4, 2000 I wrote an email to David Irons, my King County Council representative, describing the situation. I followed up that letter with a second, more detailed, email to Irons on August 9, 2000. In those two emails I described the federal tax fraud scheme and King County's participation. I explained the lies that the County leadership had used to cover-up its crime. I described the stonewalling. I described the County's occupation of my property as an illegal act of adverse possession. I explained that King County was violating my rights and that I wanted some answers. I ended my August 9, 2000 email with this statement. (My statements describing wrongdoing or criminal actions on this webpage are a First Amendment expression of my opinion.)

      "If the County provides a valid claim to me that needs to be settled in court, I am willing to settle those questions in that manner.

      If nothing happens from this letter, I'll give 72 hours notice to everyone I've ever written over the last fifteen months and then meet any trespassers on my property with a loaded shotgun. I will demand they prove to me their right to be there, or I will use whatever force is necessary to remove them. I will not allow the County to steal my property by adverse possession, fraud and direct violation of the laws and Constitution of the State of Washington."
      [August 9, 2000 email from me to King County Councilman David Irons, linked below.]

         Read the complete August 9, 2000 email from me to King County Councilman David Irons which King County used to mischaracterize me as a criminal. Please note that the King County Sheriff, Dave Reichert, is copied in that email. Understand that it was I who tried to get the Sheriff to stand up to the corruption in the County. Understand the fact that the King County Prosecutor claims in court that I was illegally threatening County employees, but the Prosecutor shows no evidence that he ever contacted the Sheriff to report this "criminal" act.
        (My statements describing wrongdoing or criminal actions on this webpage are a First Amendment expression of my opinion.)

      Read my August 9, 2000 email to King County Councilman David Irons.

         The following letters were attached to the above August 9, 2000 email. They show the stonewalling by the County which led to my email letter on August 9th. These email letters fall into two categories. The letters from April 9, 1999 through November 19, 1999 deal with the immoral and dishonest use of Railbanking. The letters from December 19, 1999 through August 9, 2000 deal with my discovery of the East Lake Sammamish federal tax fraud scheme and my challenge to King County to explain its participation in the crime. Railbanking is a very unfair law, but it is legal. Federal tax fraud is a crime, and is not legal. These email letters are presented in reverse chronological order.
        (My statements describing wrongdoing or criminal actions on this webpage are a First Amendment expression of my opinion.)

      February 7, 2000 email to Ron Sims and County Council describing the federal tax fraud scheme used to establish the trail. No Response.

      February 7, 2000 email to Ron Sims and County Council describing the federal tax fraud scheme used to establish the trail. No Response.

      January 23, 2000 email to the King County Sheriff, challenging the Sheriff to uphold the law. No Response.

      January 18, 2000 email to my weak King County Representative, David Irons, Communication, But No Promised Action.

      January 11, 2000 email to the prosecutor asking him to meet with me to discuss our differences. No Response.

      January 10, 2000 email to Norm Maleng, the Prosecutor, asking him to confirm his claim to ownership of my right-of-way land. No Response.

      December 31, 1999 email to the prosecutor asking him, a second time, to answer my question. No Response.

      December 19, 1999 email to the prosecutor asking him to confirm his claim to ownership of all the land under the ELS right-of-way. No Response.

      November 29, 1999 email to King County dcfm with cc. to King County leadership. No Response.

      August 18, 1999 email to Maggi Fimia, King County Council, asking her to obey the law. No Response.

      August 11, 1999 email to the King County Sheriff and leadership explaining that I believe the Sheriff is ignoring a crime. No Intelligible Response.

      August 11, 1999 email to the King County Sheriff and leadership explaining that I believe the Sheriff is ignoring a crime. No Intelligible Response.

      August 2, 1999 email to the King County prosecutor demanding he explain his "clear view" of the legal situation on ELST. No Response.

      July 15, 1999 email to Ron Sims, County Council and Sheriff. I demanded they justify their trespass on my property. No Response.

      July 4, 1999 email to Ron Sims, County Council and Sheriff. I asked they respect my property rights on the Forth of July. No Response.

      June 21, 1999 email to Ron Sims and County Council. I demanded they justify their trespass on my property. No Response.

      April 29, 1999 email to the King County prosecutor. I demand he stay off my property until I was compensated for the taking. No Response.

      April 26, 1999 email from the King County prosecutor. Vague, non-specific response.

      April 21, 1999 email to the King County prosecutor demanding that the county recognize my property rights. Vague Response.

      April 14, 1999 email to Governor Gary Locke, requesting assistance defending my rights. No Significant Response.

      April 9, 1999 email to Ron Sims demanding that the county recognize my property rights. No Response.

King County Executive Ron Sims threatened false criminal prosecution:

         King County refused to answer my August 9, 2000 email letter, just as it had refused to respond to my legitimate concerns expressed in the letters which were attached. Instead, the leadership of King County responded to my August 9th letter by mischaracterizing the statements I made, and by threatening me with false felony prosecution. The County acted exactly as a crooked municipality reacts when its criminal activity is exposed. Rather that admit the County's criminal activity, Ron Sims attacked me, the messenger. On August 24, 2000, I received a letter from King County Executive Ron Sims claiming I stated that I intended to "shoot County employees on the corridor". That statement by Ron Sims is a lie. One can prove that it is a lie by first reading Sims 8-24-2000 letter to me, which is provided directly below, then reading the email letters which Sims refers to as a basis of his lie. All of those email letters are also linked below. One will realize that Sims did not address any of my accusations of fraud, theft, and trespassing. He did not offer to finally communicate with me and explain the County's illegal actions. Instead, he mischaracterized my willingness to legally defend myself against King County's criminal acts as an illegal threat by me to randomly kill County employees. Sims characterized me as a mass murderer, and threatened to falsely prosecute me for a felony. Sims lied. Here is that threatening letter by Ron Sims. (my emphasis in bold font.) (My statements describing wrongdoing or criminal actions on this webpage are a First Amendment expression of my opinion.)

      August 24, 2000

      John Rasmussen
      1605 E. Lake Sammamish Place SE
      Sammamish, WA 98029

      Dear Mr. Rasmussen:

      I have received and reviewed the e-mails which you sent to County officials on April 9, 1999, April 29, 1999, June 21, 1999, July 4, 1999, August 2, 1999, August 11, 1999, August 18, 1999, November 29, 1999, December 19, 1999, January 10, 2000, January 11, 2000, January 18, 2000, January 23, 2000, January 31, 2000, February 7, 2000, and August 11, 2000.

      In many of these e-mails, you threatened to use force against County employees on the East Lake Sammamish corridor. You have recently escalated your threats to harm County employees. In your e-mail of November 29, 1999, you threatened to "use whatever force is necessary" to force County employees from the corridor. In your e-mail of August 11th, you repeatedly threatened to shoot County employees on the corridor.

      I am deeply concerned by your threats. By threatening to harm County employees, you may have committed the crime of harassment, RCW 9A.46.020.

      Please be advised that I have forwarded your e-mails to the King County Prosecuting Attorney's Office for their review and possible criminal charges. Further, King County has filed a civil lawsuit to confirm the County's rights in the corridor, and to seek an injunction to prevent you from threatening or interfering with County employees and officials in any way.

      Sincerely,

      Ron Sims
      King County Executive

      cc:    Chief Dick Baranzini, Chief of Police, City of Sammamish
              The Honorable Norm Maleng, Prosecuting Attorney, Office of Prosecuting Attorney
              The Honorable Dave Reichert, Sheriff, King County Sheriff s Office
      [Ron Sims' August 24, 2000 letter threatening me with false felony prosecution.]

         In Sims' letter, he refers to my ""e-mail of August 11th". There was no email from me to the County on August 11, 2000. I assume that he is referring to my email on August 9, 2000 in which I state my intention to defend my life and property with a shotgun. There is no email in which I "repeatedly threatened to shoot County employees on the corridor". That statement is an outrageous lie by Ron Sims. Since Sims threatens false felony prosecution with that statement, I have to assume Sims' statement that I "repeatedly threatened to shoot County employees" is an intentional lie designed to illegally threaten me. (My statements describing wrongdoing or criminal actions on this webpage are a First Amendment expression of my opinion.)

         It is important to realize that Sims admits receiving my letters for fifteen months, but does not explain why he refused to answer my concerns. Here are the emails which Sims refers to in his letter to me on August 24, 2000. Since Ron Sims refused to communicate with me for fifteen months, these letters are the only basis of Sims' claim that I "repeatedly threatened to shoot County employees on the corridor". The emails are in reverse chronological order, starting with my August 9, 2000 email the first. I invite the reader to find any threat by me to "shoot County employees on the corridor". There is none!
        (My statements describing wrongdoing or criminal actions on this webpage are a First Amendment expression of my opinion.)

      August 9, 2000 email to David Irons. I assume this is the "August 11, 2000" email referred to by Sims.

      February 7, 2000 email to Ron Sims and Council. No Response.

      January 31, 2000 email to Norm Maleng. No Response.

      January 23, 2000 email to the King County Sheriff. No Response.

      January 18, 2000 email to David Irons. Communication, But No Promised Action.

      January 11, 2000 email to Deputy Prosecutor Eldred. No Response.

      January 10, 2000 email to Norm Maleng. No Response.

      December 19, 1999 email to the Deputy Prosecutor Eldred. No Response.

      November 29, 1999 email to King County DCFM Director. No Response.

      August 18, 1999 email to Maggi Fimia. No Response.

      August 11, 1999 email to the King County Sheriff. Inadequate Response.

      August 2, 1999 email to Deputy Prosecutor Eldred. No Response.

      July 4, 1999 email to Ron Sims, County Council and Sheriff. No Response.

      June 21, 1999 email to Ron Sims and County Council. No Response.

      April 29, 1999 email to Deputy Prosecutor Eldred. No Response.

      April 9, 1999 email to Ron Sims. No Response.

         Sims' August 24th letter was a threat of false felony prosecution. By falsely stating that I "repeatedly threatened to shoot County employees on the corridor", Sims manufactured the criteria to prosecute me under RCW 9A.46.020(2)(b). I "blew the whistle" on King County's participation in the East Lake Sammamish federal tax fraud scheme. When I expressed my intention to defend myself against the County's criminal activity, Ron Sims and Norm Maleng threatened false felony prosecution based on the lies of Sims in his August 24th letter and slanderous declarations by two King County managers. The manager's slanderous declarations are discussed below. After this threat of false felony prosecution, I backed off my exposure of the East Lake Sammamish federal tax fraud scheme in order to protect my livelihood and family. Ron Sims' absolute lie that I "repeatedly threatened to shoot County employees on the corridor" is proof that King County was willing to perjure and lie in order to hide its participation in the ELS tax fraud scheme.
        (My statements describing wrongdoing or criminal actions on this webpage are a First Amendment expression of my opinion.)

         Under the Washington State Constitution, I have the right to defend myself with a gun. King County claims I was illegally threatening to "shoot County employees". My email letters show that I was expressing my intention to legally defend my property and my life. I couldn't take a chance the County's lies would be accepted by a jury and that I would be saddled with a false felon conviction. Here is the section of the Washington State Constitution which allows me to use a gun to defend myself. (My statements describing wrongdoing or criminal actions on this webpage are a First Amendment expression of my opinion.)

      Washington State Constitution

      Article I - Declaration of Rights

      Section 24 - Right to Bear Arms. The right of the individual citizen to bear arms in defense of himself, or the state, shall not be impaired, but nothing in this section shall be construed as authorizing individuals or corporations to organize, maintain or employ an armed body of men.

King County Prosecutor Norm Maleng also threatened false criminal prosecution:

         Shortly after my letter to David Irons on August 9, 2000, King County filed this lawsuit against me in King County Superior Court. In addition to Ron Sims' false claim that I "repeatedly threatened to shoot County employees on the corridor", the King County Prosecutor also manufactured evidence to be used against me. This declaration by Shelley Marelli and the "sister" declaration by Jennifer Knauer are criminal acts against me, and are proof that the Executive and Prosecutor of King County Washington will manufacture evidence in order to "win" in court. One would think that, if these women had been living in "fear" for all these months, there would be some earlier record of complaint. It's amazing that this "fear" materialized just at the moment that it was needed to discredit me and threaten me with false prosecution. Please read the additional annotated declaration to understand.
        (My statements describing wrongdoing or criminal actions on this webpage are a First Amendment expression of my opinion.)

      View the perjurious declaration of Jennifer Knauer. Slander, Hearsay, and Identifiable Lies.

      View an annotated transcript of the preliminary injunction hearing.

         King County's threat of false felony prosecution had its intended effect. I had worked my whole life to become an airline captain. After years of sacrifice to attain that status, I was in the few years of my career which paid back financially for my efforts. I needed that salary to put my sons through college and provide for my family. If King County were successful with false felony prosecution, I would lose my pilot's license and my livelihood. If one reads Ron Sims' letter and the perjurious declarations which the County manufactured to discredit me, this tactic of false prosecution should be obvious.
        (My statements describing wrongdoing or criminal actions on this webpage are a First Amendment expression of my opinion.)

         So, I backed off my accusations of criminal activity by King County and concentrated on a defense of my property rights. King County had little to risk in falsely prosecuting me, and I had everything to lose. My lawyer understood that and tailored his defense of me in a way which protected me from false prosecution. Further, I naively believed in the legitimacy of the judicial system. At that time, I foolishly thought that there may be a few biased and dishonest judges, but eventually fair judges would prevail. A study to the judicial opinions and findings on this website will show that no citizen in the State of Washington can expect the Constitution or the laws to be recognized and enforced in our federal or state courts.
        (My statements describing wrongdoing or criminal actions on this webpage are a First Amendment expression of my opinion.)

Criminal acts from the bench:

         For fifteen months the County had stonewalled my requests and demands to explain its illegal actions. When I pressed the issue, the only place I was allowed very limited communication with the County, was in court. I write this webpage more than eight years later and still have got no answers to my questions and accusations. Norm Maleng and the King County leadership had great influence in the state and federal courts. So, the County used the courts to hide its criminal activity, not to resolve legal issues and answer legitimate questions. This truth is evident by a study of the legal proceedings discussed on this website. The most compelling evidence is the annotated versions of the opinions issued by federal and state judges which hid the East Lake Sammamish federal tax fraud scheme and protected the leadership of King County and the other active participants in the crime. Those annotated opinions are linked, here.
        (My statements describing wrongdoing or criminal actions on this webpage are a First Amendment expression of my opinion.)

      Read an annotated version of King County v. Rasmussen (2001).

      Read an annotated version of King County v. Rasmussen (2002).

      Read an annotated version of Ray v. King County (2004).

         Because of the violation of my constitutional rights and the illegal use of summary judgment in the resolution of the lawsuit, it is obvious that the leadership of King County, or other participants in the East Lake Sammamish federal tax fraud scheme, got to the federal and state judges who decided these lawsuits. The County used the courts to avoid explaining its criminal actions, not to resolve the accusations.
        (My statements describing wrongdoing or criminal actions on this webpage are a First Amendment expression of my opinion.)

Why didn't King County criminally prosecute me?

         After reading the slanderous declaration by Jennifer Knauer and this declaration by Shelly Marelli, the reader should be asking why King County didn't prosecute me for illegally threatening King County employees. It would have been a great victory for the County to win a criminal prosecution against a protesting ELS resident. A successful criminal prosecution would have shut down, or greatly muted, the protest of other ELS residents. King County didn't prosecute because it knew its slanderous lies would be exposed in a jury trial. The County knew that a jury trial would allow me the right to question some of the active participants in the East Lake Sammamish federal tax fraud scheme under oath. King County knew that a false prosecution of me would likely expose the County's criminal activity. The King County Prosecutor wanted to threaten me in order to get me to back off on my protest of the County's participation in the tax fraud scheme, but not to actually prosecute me. My lawyer and I were relieved when the County notified us that it would not criminally prosecute me. I believed the evidence of the County's criminal acts would come out in the resolution of my lawsuit. I didn't realize that the Prosecutor, and/or another powerful participant in the ELS tax fraud scheme, would be able to manipulate the outcome of my lawsuit throughout the judicial system. I didn't realize that we no longer have a legitimate judicial system in the State of Washington. But, I do now. (My statements describing wrongdoing or criminal actions on this webpage are a First Amendment expression of my opinion.)

Summary:

         From the above discussion, it is easy to see how King County confidently committed a criminal act against the U.S. taxpayers, the residents of East Lake Sammamish, and my family. King County accepted a phony donation of land from BNSF in exchange for BNSF railbanking its ELS right-of-way and turning it over to the County. Since BNSF didn't own the land under most of the right-of-way, King County made up a phony legal argument to justify the phony donation of the land under the right-of-way. Then the County ran a misinformation campaign with the public. When I discovered the tax fraud scheme and "blew the whistle", the leadership of King County turned its resources against me in order to hide its crime. Ron Sims, the King County Executive, and Norm Maleng, the Prosecutor, and other County employees manufactured lies about me to threaten me and diminish my claims. Then the County took the issue to court, where they had the power control the lawsuit by influencing the judges. The first court appearance was the preliminary injunction hearing of which this declaration was a part. (My statements describing wrongdoing or criminal actions on this webpage are a First Amendment expression of my opinion.)

         The willingness of the County to manufacture lies about me and to provide perjurious declarations in order to hide its crime should be obvious to the reader who studies the transcript of the annotated hearing and this annotated declaration. More troubling was the willingness of Judge Haley, who admitted he had studied the declarations and briefs, to pre-award my land to the County in the face of the County's obvious criminal acts.
        (My statements describing wrongdoing or criminal actions on this webpage are a First Amendment expression of my opinion.)

         My lawyer and I were at a great disadvantage in this hearing. We foolishly believed that justice would prevail in King County courts. Further, we were forced to back off my claims that the County was committing criminal acts because of the threat by the County to press forward with false felony prosecution. The identifiable lies by Ron Sims and this declaration by Shelly Marelli are chilling proof of the County's willingness to manufacture evidence to use in a false prosecution.
        (My statements describing wrongdoing or criminal actions on this webpage are a First Amendment expression of my opinion.)

Reference:

    View a detailed explanation of the East Lake Sammamish federal tax fraud scheme.

    View the Evidence of the East Lake Sammamish federal tax fraud scheme.

    View an analysis of Who Participated in the East Lake Sammamish federal tax fraud scheme.

    View my January 31, 2000 email to Norm Maleng, exposing his participation in the ELS federal tax fraud scheme.

    View my Whistle Blower Letter to Ron Sims and Council in February 2000, outlining the ELS federal tax fraud scheme.

    View my July 4, 2000 email to David Irons, challenging him to stand up against King County's corruption.

    View my August 9, 2000 email to David Irons, drawing a "line in the sand".

    View the August 24, 2000, letter from King County Executive Ron Sims to me, threatening false prosecution.

    Read Jennifer Knauerís slanderous declaration in this preliminary injunction hearing.

    "Lie, Stonewall and Slander", how King County deals with citizens who challenge its actions.

    "Theft-by-Community", how the community in King County stole the ELS land from its residents.

    Norm Maleng's "Legal Theory" the legal excuse by the Prosecutor for accepting the phony donation of ELS land.

    View a study of how Norm Maleng Covered-up King County's Participation in the ELS federal tax fraud scheme

    Understand how the Rails-to-Trails Conservancy works against the rights of Americans.

    View King County v. Rasmussen (2001) annotated with brief comments.

    View King County v. Rasmussen (2002) annotated with brief comments.

    View Ray v. King County (2004) annotated with brief comments.

    View my 2004 Complaint of Judicial Misconduct, and denial by Ninth Circuit Chief Judge Schroeder.

    Understand how Judges Protect their Fellow Judges at the expense of the Constitution and the laws.

    View my March 31, 2009 Public Letter to the Judges of the Washington State Supreme Court.