It was a moonless night when the Sheriffs shot an innocent man!

Barry lives in a 36-foot motor home. Barry rents space in the backyard of this very nice Hispanic family in Lake Elsinore. The owners of this property are three brothers, Pedro, Marco, Juan, and their mother and grandmother. Marco has a wife and two beautiful little girls. Marco's family lives in the little blue house behind the main house, the main house is red and white. Barry has his motor home right next the Marco's house. Their property is a very large about 1/2 acre,  there is a blue barn right across the yard from the two motor homes, Mark rents the space next to Barry, there are also two garages towards the rear of the property, an old 18 wheeler trailer and backhoe on the property. This is a very nice and quiet place to live. If you stand on either side of the main house and look over the fence, you look down because it's 13-foot elevation drop. You can see every bit of the property. To the left (north) and in the back behind of the property (east) are Eucalyptus Groves, they are thick and dense. There are houses and motor homes to the left in the groves; they all look down on this property. The groves to the left are about 187 yards before you get to the next street over.

 

David Barry Hanley goes by Barry after his maternal grandfather.

It was earlier in the evening of April 22, 2012, Barry was busy making homemade chicken soup, in the crock-pot and cleaning his little house, Barry calls his mom and his friend around 8:00 pm., Barry calls his mom and family friend every day. Barry puts his bedding in the washer, but he was too tired to wait for the sheets to finish washing and drying so Barry curled up on his bedroom floor to go to sleep about 11:00 pm. Barry felt safe in his home as we all do. Little did he know what was going to happen to him in 5 hours that changed his life forever?

 

It was around 1:30 am, when Lake Elsinore Sheriffs Department, started receiving phone calls from the people who live on the north side of Eucalyptus Groves. They were calling to report gunfire in the area.

Around 2:30 am, the sheriffs received a call from a woman who lives on the north side of the Eucalyptus Groves on the street next to the groves. She had a bullet go through her bedroom wall. The Sheriffs Department dispatched Deputy Moore to her home. As Deputy Moore was taking the report, he heard more gunfire in the area. Deputy Moore told this woman he would be back to finish the report.

 

Deputy Moore pulled a car over at Teritecornis and 11th, to see if they had anything to do with gunshots in the area. Then Deputy Moore called Sergeant Sanches for backup at 3:02 am. Sergeant Sanches arrived on scene about 3:04 am; Sergeant Sanches and Deputy Moore were talking to the driver of the car, when they heard more gunshots at 3:07 am. They let the driver go even though he had stolen plate on his vehicle.

 

At 3:10 am, Deputy Moore called Deputy Yarbrough, Deputy Brazil, Deputy Coats and Deputy Melendez for back up. The deputies that were called for back up arrived around 3:17 am and had a private meeting off the record.

The last gunshot anyone heard was at 3:07 am and it was quiet in the area.

 

At 3:30 am, all the deputies met in front of a red and white house that was about three blocks away from the car stop and their private meeting, this house is on the south side of the Eucalyptus Groves. Nowhere near the area of the gunshots calls.


The Sheriffs were looking around the red and white house in the dark making plans.

At 3:41 am there was another gunshot heard, but only one shot. They said it sounded like it was zipping through the trees.

 

The deputy sheriffs pull the sheriffs cars in front of the red and white house and used a spotlight to light up the house and made announcements for the people in the red and white house to come out. One of the brothers who own the house came out and they handcuffed him and put him in the sheriffs unite and then his wife comes out and they do the same thing to her. Sergeant Sanches calls Lt Adams and tells him what he wants to do and Lt Adams gives his permission. At 4:13 am, Sergeant Sanches was still on the phone with Lt Adams when they hear one more gunshot that rings out and Sergeant Sanches states that the gunshots are not coming from this property.


Sergeant Sanches talks to the husband and wife and they said they heard shots earlier that night and it sound like they were coming from the of Eucalyptus Groves and not their property. They tell Sergeant Sanches that their children are alone in the blue house behind the main house; they also tell Sergeant Sanches there are two motor homes back there and tell Sergeant Sanches that Barry is their uncle and Mark who rents the other space in the backyard. At 4:20 am, Sergeant Sanches calls over the radio that they will be entering the backyard soon. They let Marco and his wife go only if they give them permission to enter the property. Marco calls his brother Pedro to open the front door of the main house so the deputy's sheriffs could enter their home; this was around 4:25 am. Marco calls Mark, as Mark was awake because he heard gunshots earlier that night. Marco tells Mark that there are policemen on the property looking for the shooter in the Eucalyptus Groves and to stay inside his home. At 4:26 am, Marco calls Barry who is in a deep sleep and Barry hears Marco say men outside stay in your home. Barry feels safe in his home and he goes back to sleep.


At 4:36 am Barry heard pounding and banging on the back and sides of his motor home and they are yelling, "Mark Come Out, Mark Come Out" The banging and yelling for Mark scared  Barry and he jumps up to find out his home was broken into. Barry grabs is 12 ga shotgun filled with birdshot, and runs to the broken open door and tries to look out, but there are flashlights in his face so he goes to the right of the door behind the door and wall and tries to look out again when he heard "drop your weapon"!

Barry is scared because he does not know who is out there, he throws his shotgun outside on the ground, and as it hits the ground in front of who ever is outside his door they open fire on him at least 100 plus rounds. Barry was hit with the first four shot that they fired at him. The force of the 40 cal, throws him back towards the cab and couch, where he laid and started to bleed out. Barry was hit four times two times by a 40 cal and two times by a .223. Barry had bullets hit to the right of his heart, right shoulder, and upper right arm and under his underarm.

 

Barry laid in front of his couch, on the floor bleeding out Barry and yells out "Why did you shoot me" "Why are you killing me"! Shortly after Barry asks why, three men come into his home. These men beat him up, and then throw him out of his home, as he is barely able to stand in the dirt in front of the door to his home someone comes up from the back and hits him in the back of head with a butt of a long rifle. Barry hits the ground and sees who shot him, Riverside County Sheriffs. Then Deputy Melendez jumps on his back and starts to hit him in the head and back, as she doing that Sergeant Sanches repeatedly stomps on his shot arm, Sergeant Sanches stomps so hard on his shot arm that Sergeant Sanches broke his shot arm and crushed the nerves and ground the bones.


Before Sergeant Sanches entered the red and white main house, he called for the EMTS to stand by. The Sheriffs shot Barry at 4:38 am and they did not let the EMTs into the back yard until 5:10 am. Barry laid on the cold ground bleeding out, going in and out of consciousness, as Barry watches and hears them talking and taking his firearms out of his home and place them on the ground, Barry watches them throw his ammo on the ground, and hears them state this should take care of the problem.

 

The EMTs finally get into the backyard, give him emergency aid, and transport him to the Inland Valley Medical Center. On the ride to the hospital Deputy Robger and another Deputy rides with Barry, Barry was going in and out of consciousness and he remembers the male Deputy slapping andhitting him in the face.


April 23, 2012; Barry's older sister has a son who is a police office in that area and he called his watch commander and asked if he could find anything out and asked for permission to go over to the scene. He arrived at Barry's home on April 24, 2013 around 8:00 am. What he saw was a very clean scene there was no blood anywhere in the motor home or out side, just a motor home full of bullets holes. Barry's nephew took some photos of the motor home ground and then went back to his station and talked to his watch commander. This is what his commander told him, The Deputy Sheriffs were looking for a shooter who was shooting up the neighborhood. The deputies set up on this house and Deputy Yarbrough was in the bushes watching suspect come out and shoot his weapon. The sheriffs waited until they had more deputies in place. Then deputies approached the motor home and the suspect came to the door holding a long gun, He told the deputies he would not come out, and that they would have to kill him. The deputy said the yelling back and forth with the suspect was about four hours. Then the suspect stood the doorway and took a shot at the officer and they returned fire and hit him two times in the torso, they gave him first aid and transported him to the hospital.


If you read the reports, you will have a different story. If you look at the evidence, it will tell you the true story of what took place. The Sheriffs shot and tried to kill an innocent man that day.

 

April 23, 2013, Barry is waking up from the surgery he hears Deputy Hanson on the phone with someone telling them they really screwed up by millions, but they fixed it.

The nurses at the hospital are taking great care of Barry, That night the nurse was hand feeding him and Deputy Verostek, tells the nurse that she should not be feeding him and giving him any help because his a cop murder, she should let him lay there and die.

Barry does not remember who the Deputies were, Barry was just waking up again when he heard two deputies talk about what happened and everyone at the department is scrambling to, and then deputies saw he was awake and end their conversation then. Barry is now really scared because he does not know what is going on. Before surgery, he had a Lake Elsinore police officer tell him it is going to be ok and then he hears a phone conversation and now the two deputies.


April 24, 2012 at 11:22 am, Detective Cory and Detective Bowen interviewed David Hanley at the hospital. David Hanley asked to call his Mother so she could get him an attorney, Detective Cory and Detective Bowen refused to let him have his one phone call for help. Barry asked them at least three times for a phone call, Detective Cory said, "we will work on that and see what we can do" that was April 24, 2012 Barry did not get his phone call until May 06, 2012.


His mother was out of her mind, scared and worried about her son and not knowing what happened early that morning of April 23, 2012. What she read did not sound like her boy. Barry made it his life mission to feed the homeless and the poor. Barry is a peacemaker not a warrior; Barry has literally given his shirt and coat off his back to people who did not have warm enough clothes on. Barry has fixed other peoples cars at cost or no cost, so they could drive to work and keep their jobs. Everyone who meets Barry loves him. Barry does not have a mean bone in his body.



April 26, 2012, Sheriffs told Dr.Gorski Yara at Inland Valley Hospital they are going remove Barry from the trauma unit at the hospital to another hospital with level C Trauma unit. Dr. Dr.Gorski Yara told Barry and the sheriffs that he needed at least two more surgeries with in the next 2 to 3 weeks to finish repairing his arm. They placed an External Fixator on his right humerus and he needs the other surgeries to repair the nerves. The Sheriff signed papers with the hospital that Barry was going to be moved to a hospital with the trauma care he needed.

At 1:05 pm on the 26, of April Corporal Simon's, took Barry out of the trauma unit at Inland Valley Medical Center to the Southwest Detention Center (jail). When Barry arrived at Southwest Detention Center (jail), Barry was met by Deputy Hartman and Deputy Myers, who refused to let him use the wheel chair, and made him stand in line to be booked. Barry could not stand up on his own two feet. Barry was just yanked out of the trauma unit. Barry passed out and hit the floor, Deputy Hartman and Deputy Myers began to hit and kick Barry as he was lying on the cold concert floor, they made him stand up again until he hit the floor again and again and the beat him again and again.

The last time Barry hit the floor he was totally un-conscious, they refused to give him medical help, instead they tried to keep him at Southwest Detention Center (jail), the nurse there refused Barry to the jail because of his medical condition was so critical. Then they transported him to Riverside county Hospital.

Barry hit the floor so hard, and the deputies beating him knocked the External Fixator on his right humerus out of place. When he arrived at, Riverside county Hospital they refuse to treat him and they did not admit him in the trauma unit.

April 29, 2012 the Riverside county Hospital transferred him to the jail ward of the hospital and Barry was told by the hospital staff and the sheriffs that he would not get the surgeries he need to repair his arm. Every three to five days they would remove Barry from the Jail ward to Southwest Detention Center (jail), the nurse there refused Barry to the jail because of his medical condition was so critical. Then they transported him to back to Riverside county Hospital jail ward.

 This is January 9, 2014 and Barry's arm has changed colors and is dead it hangs off his shoulder in pain, Barry has a heart condition and his kidneys in trouble are starting to shut down.

 

April 27, 2012, Barry's family hired the Blumenthal Law office. They talk to Mr. Brent Romney and he said he would take the case. Brent Romney goes to the hospital to see Barry and the sheriffs refuse to let his attorney in, then they tell him he was transferred to Southwest jail, Brent Romney goes to that jail and they tell him that Barry is not there and he is still at the hospital in critical condition and could not be transferred. Brent Romney goes back to the hospital and they tell him he has not been booked yet, and no one is allowed to see him yet per orders.

Brent Romney tries to see him many more times and still could not get in.

May 06, 2012 Barry finally gets to use the phone to call for help. Barry was informed that he has an attorney and that Brent Romney has been trying to get in and see him.

Every day Brent Romney calls the jail ward to see it David Hanley was going to arraignment and they said he was not going that day.

On May 10, 2012, the attorney's office called again and they said not he was not going. That after noon Barry calls his mother and tells her he was just arraigned and that the attorney she hired was not there and they made him take a public defender attorney. Barry said no he wanted his own attorney and the Judge and Deputy District Attorney Marcus Garrett refused to let him have his own attorney at the arraignment.  

 

April 23, 2012

What did Riverside County Sheriffs and District Attorney's Office do at the crime scene?

Detective Cory has lead on the Officer Involved Shooting.

Detective Bowen and Investigator Baeza are from the Central Homicide Unit.

Detective/ Investigator Harvey is in charge of Primary and Secondary Scene, and writing all the reports for this department.

Supervisor Forensic Tech Williams is in charge of the Forensic Technicians and of all the evidence collected at the scenes.  

Riverside County District Attorneys Office is, Deputy District Attorney Brandon Smith and Deputy District Attorney Christopher Peuvrelle.

 

Riverside County Sheriffs Department and District Attorneys Office started to place evidence around Barry's motor home and change the reports.  If you look at the Book of Evidence, you will see Detective/ Investigator Harvey changes the report to show that Barry shot that house.  Forensic Tech Salyer recovered a small caliber bullet from the house. Detective/ Investigator Harvey changed the report to show that they recovered .30-30 bullet that hit that woman's house.

Deputy District Attorney Brandon Smith and Deputy District Attorney Christopher Peuvrelle both knew that Barry could not have shot that house from where he lives because of all the trees, building and hills in the way. In order to make that shot you will have to stand on the roof of the motor home on a ladder and then you could not clear the tress to make the angle that bullet hit that house. If you read the report on the "House that was shot at" and "The Book of Evidence", you will see by their own photos and evidence that David Hanley did not shoot that house.

You will see in that same book that they planted the .30-30 rounds on the ground in front of Barry's home and took his 30-30 rifle out of the closet and placed it in the hallway/ kitchen area of his home.

You will see that the Deputies who shot David Hanley lied about where they were standing when they opened fired on him and lied that he shot at them.

If you read the "The Book of Evidence and all Deputy Books" they will show you step by step by their own reports and forensic evidence that David Barry Hanley did nothing wrong and they shot an unarmed man and tried to kill him and then poorly tried to cover it up.

I am the investigator and analyst; I analyze all the reports and evidence, for David Barry Hanley case.

I arrived at Barry's Home in Lake Elsinore, I met with Pedro, Marco and the rest of their family. Then Dan Goldsmith arrived about 15 minutes later, He works for the Blumenthal's Law Office. Dan and I started our investigation and interviews of the witnesses that were there that night. They all said the same thing.

They all heardd gunshots that night but it was no big deal they hear gunshots all the time.

They live in the unincorporated part of Lake Elsinore, with the ranches all around them and ranchers are out there shooting snakes and other animals.

They all said that they had no choice but to let the Sheriffs in because their children were by them selves and they would not let them go if they did not give permission to let them on the property.

They also said that they did not check any part of the main house or the little blue house, they went straight for Barry's Motor home.

They told me from the time Pedro opened the front door to the gunfire in their back yard was less then 5 minutes.

They told us that sheriffs tried to go into all of the buildings on the property. They would not unlock any buildings for the Sheriffs. The Sheriffs come back later with a search warrant, but it was only for Barry's and Mark's motor home and not for the owners property. The owner still would not, unlock any of buildings for them.

Then Pedro and Marco took us to Barry's motor home and told us what else the sheriffs did. They said that the Sheriffs took anything, and everything, that was not nailed down in Barry's home, they took bag after bag out of his home and this was long before they brought back a search warrant.

Then the Sheriffs left and Pedro and Marco were able to enter Barry's home. It was trashed but clean. They side after hearing all the gunshots in the back yard and seeing Barry taken away by the EMTs they believed that the place would be bloody, but it was not.

The next day April 24, 2012, Barry's nephew who is a police officer showed up and took photos of the crime scene and he thought there is something off. I received the photos the same day that Barry's nephew took them.

Then Pedro and Marco, tell us that on Wednesday April 25, 2012, the Sheriffs came back and said they need to measure the area, and the family needs to stay out of the backyard. The Sheriffs were for a couple of hours. The Sheriffs broke out all the windows that had bullet holes, and went to the shed by the back tire and broke it all up and then put all the stuff that was Barry's outside inside the motor home.

Then the City and County zoning and code enforcement Department comes out and tells them they have to move everything and clean up the yard. This was funny, and I will show you the Sheriffs aerials the day they shot Barry and that backyard is clean.

Pedro and Marco tell us that the three brothers and Barry just finished trimming the tress and pulling all the weeds and clean up the yard and the city signed it off, last a week before the shooting. The only thing was they were waiting for trash pick up day, and Barry had his brown truck loaded up with trash to take to the dump.

 

When Dan and I entered, the motor home there was empty whiskey bottles everywhere and the window were broken out. There was not even a drop of blood anywhere inside or out side. Pedro and Marco, said that this is how it was when they finally got into the motor home after the sheriffs left the day they shot Barry. The sheriffs took the trash and empty whiskey bottles out of Barry's brown truck and put them in his home. The photos the sheriffs took before they laid the yellow marks down did not show any whiskey bottles anywhere and now they are everywhere.

90% of the items that were taken out of Barry's home were not on the inventory list.

Barry was buying silver coins for his mother. He had over 25,000.00 in silver coins in the motor home. That was for her retirement. I was only able to recover $5,000.00 in silver coins. Barry told me to take the mirror off the wall and there are some taped to back, and look in all the DVD boxes. Barry's nephew when he was there found a few and turned them over to me. The silver coins are not on the sheriff's inventory list, or any of the antiques Barry was collecting.

Barry told me he had sheets and blankets in the washer and dryer and his towels were hanging on the hangers next to the door. We could not find one towel, sheets or blankets in this home, but the sheriffs photos shows them.

We believe the Sheriffs used them to clean up all the blood, because there was no blood when Pedro and Marco looked or when the nephew was there. I have a few photos that were taken after the sheriffs left to show they cleaned the crime scene to fit their reports.

 

They broke up the shed because Sanches  in his interview, he stated that he was standing right next to the rear tire and watched the deputies at the door. With the shed there, Sergeant Sanches could not see anything. The Sheriffs did a great job on taking crime scene photos.

The cleaning up of the blood in the motor home fits there story that he fell out of the motor home and did not lie inside and bleed out.

The breaking out all the windows, help them to state they only shot a few round into the home.

We have photos and statements to back everything I am telling you.


May 18, 2012, Barry's attorney finally gets in to see him. It took a court order.

The sheriffs would not let them have the attorney's room. Barry and his attorney had their first meeting in the visitors visiting room, with the deputies standing at the open window listening in. Brent Romney was not ever allowed to speak with Barry at anytime without the sheriffs listening in, that includes over the phone also.

 

This whole time we are trying to get any reports of what took place that night. Finally, on May 18, 2012, we received the filling report, and the summary of Sergeant Sanches interview and that is all the DAs office and the Sheriffs Dept. would give us.

We did not get any of the discovery, until November 2012 and we only received 3/4 of the discovery. We have asked repeatedly for all of the discovery!


At the jail, I could write for weeks to explain what they have done to this man. Like beating him up in the hallway, refusing to give him food that was not moldy, refusing to give him his medication, refusing to give him medical attention, chaining him to so tight that it bruises around his torso, and internal bleeding from the chains, The female deputies grabbing his privates and twisting his shot broken arm.  

 

I am going to skip the entire horrible things that have happened to Barry in jail and get to the Preliminary Hearing. We completely believed Barry would have a fair hearing, but we all were wrong. The judge is as bad as the DA and the Sheriffs

The judge is there for fairness, and is the safety net, for case like this, but the District Attorneys Office elects this Judges, not the people of the county. The district attorney office and sheriffs department give campaign contributions to the judges who are running.  The judges are in their back pockets.

 

After ten months we finally go to preliminary hearing. Preliminary hearing is for the judge to decide if the district has a good enough case for trial and if it is a righteous case.

 

Brent Romney did a great job in the hearing. Brent Romney made the deputy sheriffs tell the truth.

 

January 04, 2013 Preliminary Hearing starts.

First, witness for the State was Deputy Moore, in his statements to the court:

 Admits; that Barry was not breaking any laws when he shot him.

 

Admits; they had no reason to be back there.

 

Admits; that Barry was not and could not be the person who shot that house.

 

Admits; that they were in the backyard, and did not want anyone to know that they were there that is why they were in the dark and did not light up the backyard as they did in front of the house.

 

Admits; from the time they entered the backyard to shooting Barry was 10 to 15 minutes, and then he admits; from banging on the side and back of the motor home to shooting Barry was less then 5 minutes.

Admits: It was less then 1 minute.


Admits; that Barry was not in the doorway when they started shooting at him.

 

Admits; he did not see any muzzle flash from the motor home.

 

Lied; stated that Barry was not down and bleeding out, inside the motor home.

 

Lied; about the silver handgun.

 

Lied; about the green shotgun shells.

 

Lied; about where they were standing when they shot him.

 

Second, witness for the State was Deputy Yarbrough, in his statements to the court

Admits; that he lost sight of Barry, and shot first.

 

Admits; that there was no way that Deputy Moore saw or could see Barry in the motor home

 

Admits; that Barry was not breaking any laws when he shot him.

 

Admits; they had no reason to be back there.

 

Admits; that Barry was not and could not be the person who shot that house.

 

Admits; that they were in the backyard, and did not want anyone to know that they were there that is why they were in the dark and did not light up the backyard as they did in front of the house.

 

Admits; that Barry was hiding behind the door and wall when he shot him.

 

Lied; stated that Barry was not down and bleeding out, inside the motor home.

 

Lied; about the silver handgun.

 

Lied; about the green shotgun shells.

 

Lied; about where they were standing when they shot him.

 

Lied; about seeing muzzl flash come from Barry's motor home.

 

 

January 18, 2013, second part of the preliminary hearing

Third, witness for the State was Deputy Melendez, in her statement in court:

Admits; that Barry did not break any laws when she shot him.

 

Admits; Barry was not doing anything wrong when she shot at him.

 

Admits; that Deputy Yarbrough shot first.

 

Admits; that Barry never fired at them.

 

Admits; the only reason she shooting at Barry was because everyone else was shooting.

 

Admits; that they searched for weapons in his motor home with out a warrant.

 

Admits; that Sergeant Sanches gave permission for Deputy Yarbrough to shoot first.

 

Admits: that Sergeant Sanches, was told over the radio that Barry and Mark live in the motor homes.

 

Admits; he was down inside motor home bleeding out.

 

Admits: there was no muzzle flash from Barry's motor home.

 

Lied; about the silver handgun.

 

Lied; about the green shotgun shells.

 

Lied; about where they were standing when they shot him.

 

Fourth witness for the State Sergeant Sanches in his statements to the court:

Admits; that he knew that Barry and Mark were in the motor home.

 

Admits; that he did not want anyone to know they were in the backyard, that's why they did not light up the motor homes like they did in front.

 

Admits; he gave Deputy Yarbrough permission to shoot first.

 

Admits; that he could not see ten feet in front of himself, because there were no lights in the backyard.

 

Admits; he knew his deputies were there but could not see them because of no lights or any other illumination.

 

Admits; there was no way Deputy Yarbrough could have seen Barry in the motor home.

 

Admits: that he did not see any muzzle flash come from Barry's motor home.

 

Admits; that Barry did not shoot first, but Yarbrough did shoot first.

 

Admits; that Barry was not breaking any laws when he shot him.

 

Admits; they had no reason to be back there.

 

Lied; about seeing the ring and barrel of Barry's shotgun in the dark.

 

Lied; about not having any flashlights with him.

 

Lied; about seeing the bullet come out of Barry weapon.

 

Lied; about where they were standing when they shot him.


Fifth witness for the State Detective Cory in his statements to the court:

Admits; that Deputy District Attorney Brandon Smith, was at every deputy sheriffs interview.


Admits; Deputy District Attorney, Brandon Smith and his office were running there own investigation side by side with Riverside County Sheriffs Department.

 

Admits; it was not his reports that the Deputy District Attorney, Brandon Smith and his office used to file charges against David Hanley it was their own reports.


What the Honorable Albert J. Wojcik said in the Preliminary Hearing.

Said; all four Deputies said almost the same thing, but from a different point of view.

 

Said; " It appears that the defense position is that law enforcement really had no cause to fire at the motor home, because the defendant was at home asleep and not doing anything.


Said; "It's dark but we have the light of the silvery moon, some topic why didn't the police illuminate themselves--that would have been stupid, I think"

(There was no moon that night the judge was shown, and the deputies stated it was dark, and they were not using flashlights. They also stated they did not want anyone to know that they were there, and who they were. That is why they did not illuminate themselves)


Said; "Sergeant Sanches talked about seeing the barrel raised--it was down, he saw a round being fired in his direction--I don't know if you can see a round being fired. I don't know if anyone's eyesight could catch that. But he did say, I think"


Said; "It's the defendant who has a preliminary hearing. Not any allegations against the officers"


Said; "Maybe the position is that it was a band of marauders shooting at him"

 

Said; "The police--the Sheriffs Department went there and -- I don't know what reason would be--, but they intended to fire first and fill the motor home with bullet holes."


Said; "I don't know the relevance of that we're not talking about that shooter"

(Even the Judge knew That David Hanley was not the shooter that night)


Said; "I am holding him to answer those allegations. Defendant is held on all counts, and allegations in the complaint."

 

Honorable Albert J. Wojcik handed David Barry Hanley over for trial.


To add salt to the dissention from Honorable Albert J. Wojcik, we found out that the law firm the family hired was demanding an additional $50,000.00 to go to trial. The family hired the firm for trial it is in the contract.

We found out that the owner of the firm Virginia Blumenthal's son has been arrested by Riverside County Sheriffs for drugs and was arrested in her car. We also found out that after any hearings that she was present at, she would meet with Sergeant Sanches, and she turned over all the analyzed reports with all our evidence to Sergeant Sanches and the District Attorney's Office. Then the law firm dropped David Barry Hanley and left him with out any defense attorney.

It was very easy for Virginia Blumenthal to meet with Sergeant Sanches, because after the shooting of David Barry Hanley the Sheriffs Department put Sergeant Sanches on a desk at Southwest Court House, as a liaison between the Southwest Court House and Southwest Detention Center.  

The District Attorney's Office is on the 3rd floor of the Southwest Court House.

David Barry Hanley is being held at Southwest Detention Center, and taken there abuse to this very day.


David Barry Hanley is now without any attorney. The Blumenthal's were $70,000.00.

That is the going rate for a good criminal defense attorney in Southern California. We need a good attorney after what just happened in the preliminary hearing.

The judges in Riverside are called DA judges, because they are elected and funded by the District Attorney's Office and not by the people!

David Barry Hanley was handed over to the public defenders office, with all of our reports, photos and evidence.


We found another attorney Donald Calabria and he agreed he would do this case for $15,000.00, 10,000.00 down and make monthly payments.

 

When Donald Calabria arrived at the hearing, the public defenders office only handed him a file that was less then a inch thick. 

I called the Blumenthal's office and they said they gave everything to the public defenders office. The public defenders office said they did not receive anything from the Blumenthal's office just this file.

The really bad thing is the Blumenthal's had all the witness statements and the photos that Dan and I took. The photos show that the sheriffs department cleaned up the crime scene before the left on the 23, of April.

 

We are almost a year later and I had to go back and re-interview the witness. Now the witnesses are scared and not wanting to go over that nightmare again. We have nothing except for all the sheriffs' reports and photos.

Now the Sheriffs and the District Attorneys Office had all my work every bit of it.

 

I had to spend almost $800.00 on copy paper, photo paper and ink to reprint all the reports, the sheriff's photos and my work. In order to be ahead I had to go over every report again to find anything that was not in my earlier reports and findings.

I started to enlarge photos.

What I found was breath taking! Then I started to match the photos to the primary scene and the forensic reports and that was very scary. I had no idea until then that it was not just the four sheriffs's lying, it was the whole department and the District Attorney's Office.

If you read, the books named Sergeant Sanches, Deputy Melendez, Yarbrough, Moore, and then read all of the chapters in the Book of Evidence and you will see what I found. Before, we were just using the Deputy's interviews and some of the photos of the Sheriffs. Now we can tie the whole Sheriffs and District Attorneys Office in and show that they framed an innocent man and tried to kill him. My job is to get the new Attorney up to date on this case and possess everything we have before June 2013 that when trial starts.

 

Now the nightmare got intense. I take care of my 80-year-old mother and my disabled daughter, we had to move as the owners we rented from sold the house we were in, we only had 30 days to move. We borrowed money from family and friends to pay the new attorney and that left us totally broke, now we have to come up with first, last, deposit and moving money.

I am still processing all the reports and evidence and having to move, the only thing we can do is request from the courts for a postponement of the trial. Now trial is set for September 2013.

July 12, 2013 our income stops because the employer passed away and the job ended, to this day, January 12, 2014 I have not found a new job yet. Times are tough and hard in this area. They only thing we are living on are my mother's Social Security. We are going under fast. I have to come up with funds to finishes paying Barry's attorney, and have the funds for me to make it to the trial. 

 

September 2013 I could not come up with the funds to go to the trial but I did get everything we have to the new attorney. Barry and his attorney said they would not go to trial unless I was there. We have a great and awesome God! Family friends pulled together again and gave me gas money to drive to California from Virginia and another family friend paid for my hotel room. I received the funds less then week before trial started. I drove 2,500 miles in 61 hours; I was just sleeping for an hour or two at truck stops to get to trial on time.

 

I got to California and Deputy District Attorney Christopher Peuvrelle postponed the trial because of so-called conflict of dates, now it's October 04, 2013. Then he tried to postpone the trial again and Barry demanded his day in court, now it's October 17, 2013.

 

Before trial, Barry was held at Robert Presley Detention Center in the infirmary. The Deputy Sheriffs would not let Barry get his haircut or shave for trial. The deputy's would not let Barry have his suite for trail. You walking into the courtroom for trial as bad as Barry looked it taints the juries' opinion of you.

 

Thursday October 17, 2013; we are to pick the jury for trial, but that did not happen.

The Honorable Timothy Freer would not let Barry into the courtroom, because he was not cleaned up. I took his clothes again to the jail and they refused to take them.

Honorable Timothy Freer and the bailiff called over to the jail and they still would not take them. The Honorable Timothy Freer sent a note to the jail would you please let him get cleaned up. Not a court order, but a note.

Honorable Timothy Freer said he would do the pre jury selection.

Barry's defense team was not allowed to be in the courtroom as the judge did the pre jury selection.

Then Honorable Timothy Freer called Donald Calabria and Deputy District Attorney Christopher Peuvrelle into chambers. Donald Calabria was informed that he could object, he could not state why he objects that was up to Honorable Timothy Freer to decide why he objects. Barry's attorney could not state any reason, he could not quote other trial dissections, and Barry's attorney was not allowed to argue anything. Deputy District Attorney Christopher Peuvrelle had full reign to say or do anything in the courtroom. This proved to be true once trial started.

Deputy District Attorney Christopher Peuvrelle voiced his opinion on me, being in the courtroom and working on the defense side, because I was his sister. What does being his sister have to do with my job? My qualifications and background makes me qualified to do this job.

In trial or preliminary hearing, your attorney can have your and investigator and analyst assisting you in court and testify on their finding.

We were given these choices;

I could come in and watch whole the trial as a spectator. Or coming in and assist the attorney but I could not sit at the defense table and if I had to give Donald anything we would have to wait until breaks, and I could not testify on our finding, or I could sit out in the hallway and be a witness. Then Deputy District Attorney Christopher Peuvrelle demanded I have a complete background check. I have nothing to hide and I have a clean record, as he discovered, not even one traffic ticket!

 

Donald Calabria and I had Friday and the weekend to figure out what we were going to do. I am the expert on this case and the court and District Attorney's Office tied our hands. This hurts our case.

What Honorable Timothy Freer did and said in his chambers hurt our case. We could recover, but then the Honorable Timothy Freer did the pre selecting of the jury without us being there. The Honorable Timothy Freer selected people who worked at the Riverside County Sheriff's office and the jail, the judge selected friends of the deputies' sheriffs who shot my brother.  Then we had less then 75 jurors to choose from and we protested the jury section by the Honorable Timothy Freer. The Honorable Timothy Freer ignored our protests.

 

On April 23, 2012 David Barry Hanley was charged with

Prior to David Barry Hanley's trial, he was offered a Plea Bargain of guilty with time served. Since David Barry Hanley never shot the gun, and he was unarmed, he refused and went to a jury trial.

On Tuesday September 22, 2013, right before trial starts Deputy District Attorney Christopher Peuvrelle added new charges they are marked in yellow. We were not given anytime to address theses new charges.

Donald Calabria and I decided I would go in as the expert witness.

 

Trial started September 22, 2013; Deputy District Attorney Christopher Peuvrelle called the woman who had a bullet hit her house. David Barry Hanley's attorney objected to this witness. The Honorable Timothy Freer let the witness take the stand.

If you look at the charges, David Barry Hanley was not charged for this woman's house, or the person who was shooting that night in Lake Elsinore.

(The Sheriffs Department and the preliminary hearing cleared David Barry Hanley of both these incidents; the sheriffs department stated they are still looking for the shooter)

 

Deputy District Attorney Christopher Peuvrelle, based his whole case on the shooter and the person who shot the house. This woman testified on how she heard the shot and how she found the bullet that night. The Honorable Timothy Freer allowed Deputy District Attorney Christopher Peuvrelle to taint the jury with this woman. Deputy District Attorney Christopher Peuvrelle led the jury to think that David Barry Hanley was the person the Sheriffs are looking still for.

 

Second Witness for State, Marco's Wife: She stated that they never had any problems with Barry and everyone loved him.

 Said; that they told the Sheriffs that the shooting was not coming from their property.

 

Said; that from the time they entered the house to the shooting was just minutes.

 

Said; she only heard Sheriffs Department two times, and it was hard for her to hear what they were saying because of all the banging they were doing on the sides of the motor homes.

 

Third Witness for State Deputy Moore;

Said; he did not see David Hanley in the doorway; he was hiding behind door and wall.

 

Said; he never saw any muzzle flash come from the motor home.

 

Said; he never saw David Hanley shoot the gun, he just knows he did it.

 

Said; he opened the door to the motor home.

 

Lied; and said they called out Sheriffs Department at least 10 times before they got to the door.

 

Lied; he said that he went into the motor home and saw David Barry Hanley standing in the back without a gun then, then he and Deputy Yarbrough ran out and ran to the truck.

(In the interview and in preliminary hearing he stated that they never went into the motor home not even after they shot him.)

 

Lied: he said that the silver handgun was under David Barry Hanley and he tried to grab for it. 

On Cross-Examination we asked, why there was no blood or bloody fingerprints on the gun if he was laying, rolling and grabbing for it. 

Deputy District Attorney Christopher Peuvrelle "Objection. Relevance", Honorable Timothy Freer Sustained

We also asked why it was not where he stated it was on the ground.

Deputy District Attorney Christopher Peuvrelle "Objection. Relevance", Honorable Timothy Freer Sustained.

 

Lied; he said the green shotgun shells were falling out of his pocket as he was rolling on the ground.

On Cross-Examination we asked, why there was no blood on the green shotgun shells if he was laying, rolling and falling out of his pocket.

Deputy District Attorney Christopher Peuvrelle "Objection. Relevance", Honorable Timothy Freer Sustained


Fourth Witness for State Deputy Yarbrough;

Said; he said he shot first, and or at the same time as David Hanley.

 

Said; he could not see David Barry Hanley because he was hiding behind the door and wall.

 

Lied; he said that he could see the shotgun and it was pointing at Sergeant Sanches.

(If Deputy Moore, who was lined up with the door could not see David Barry Hanley and the gun, then how could Deputy Yarbrough who was 3 to 5 feet to the right of Deputy Moore and the door see the shotgun.)

 

Lied; said he saw the muzzle flash of David Hanley's gun.

(Deputy Moore, Deputy Melendez and Sergeant Sanches all stated they did not see any muzzle flash come from inside the motor home.

 

Lied; said that David Barry Hanley fell out side the motor home after they shot him.

Sheriffs Forensic photos show that David Barry Hanley was shot, fell back next to the couch and stated to bleed out.

Deputy District Attorney Christopher Peuvrelle, "Objection. Relevance", Honorable Timothy Freer Sustained)

 

Lied; said that David Barry Hanley was rolling on the ground and tried to grab for the silver handgun under him.

 

Lied; said that David Barry Hanley fell to the left of the door and steps where the photo of the handgun is.

Then why there are no pools of blood there and why is there no blood or bloody fingerprints on the gun?

Deputy District Attorney Christopher Peuvrelle, "Objection. Relevance", Honorable Timothy Freer Sustained

 

Fifth Witness for State Deputy Melendez;

Said; that David Hanley was hiding behind the wall and door.

 

Said; that Deputy Yarbrough shot first.

 

Said; That David Barry Hanley did not fire the gun.

 

Said; he did not fall out of the motor home.

 

Said; she was next to Sergeant Sanches and had almost the same view.

 

Said; she could see David Barry Hanley and he did not raise the shotgun.

 

Said; she had tunnel vision on David Barry Hanley. Her sights of her 40 cal were right on him.

 

Sixth Witness for State Sergeant Sanches;

Said; he did not see any muzzle flash come from the motor home.

(Deputy District Attorney Christopher Peuvrelle told the jury that the reason Sergeant Sanches did not see any muzzle flash was the gun was pointed in his direction and you can not see muzzle flash when the gun is shot because it's pointing straight at you.)

David Hanley's attorney "Objection" Honorable Timothy Freer "Overruled"

 

Cross-Examination; any of the Deputies, Deputy District Attorney Christopher Peuvrelle: "Objected. Relevance", to all our questions and the Honorable Timothy Freer Sustained.

 

Every time we objected the Honorable Timothy Freer "Overruled"

 

Cross-Examining the Deputies was futile!

 

Seventh Witness for State Forensic Tech Sayler;

Said; yes that he took photo DSC-0044 there are green shotgun shells but no .30-30 round.

 

Said; yes he took photo DSC-0128 there are the same green shotgun shells, but now there's a .30-30 round.

(Deputies Deputy District Attorney Christopher Peuvrelle: "told the jury it was probably, kicked out of the way by someone and the replace where it goes".)

 

We asked is that what happened and he

Said; no, they are very careful not to step on or move any evidence around the scene.

 

Any other questions we asked the Deputy District Attorney Christopher Peuvrelle: "Objection. Relevance" Honorable Timothy Freer Sustained.


Deputy District Attorney Christopher Peuvrelle told David Barry Hanley's attorney that we received the entire discovery. When the state called Michele Nichols, she had a 3 inch thick file full of ballistics reports on this case. We have not received any of theses ballistics reports, to this date January 14, 2014. We were not allowed to look at her file.

 

Eighth Witness for State DOJ Michele Nichols Ballistics Expert;

Said; that they ran the all ballistic on the shotgun.

 

David Barry Hanley's attorney has no idea why he asked, "whose shotgun did you test".

Said; Sergeant Sanches shotgun.

(They wanted jury to think, that it was David Barry Hanley's shotgun they tested)

 

We asked why did you not test David Barry Hanley?

Said; that she was told not to do David Barry Hanley's shotgun.

(Deputy District Attorney Christopher Peuvrelle "told the jury that the state was saving the taxe payers money". "They did not need to test it because he knows David Barry Hanley shot at deputy sheriffs". "They do not run the many of firearms because it is very expensive.")

 

Said; did not run the case indentation test on the spent shell that they said David Hanley shot.

(This test would have proven that the shot that hit the truck they said they were hiding behind was shot out of sergeant Sanches shotgun not David Barry Hanleys)

 

Said' they did not do a shotgun pattern test to see where the shooter was when the truck was shot. (This would have proved that David Barry Hanley did not shoot at the sheriffs)

 

Said; that they did not have proof that David Barry Hanley used the silver handgun to shoot at the house. There is a very small amount of .32 cal handguns out there to be able to say for sure or not. (The bullet that hit the house was rifled and David Hanley's .32 is a smooth barrel it can not leave rifling on the spent bullet. it was made between 1864 and 1889)

 

Ninth Witness for State Central Homicide Unit Investigator Baeza;

Said; that he picked up David Barry Hanley's shotgun and there was a live round in the chamber and the shotgun was fully loaded. (Deputy District Attorney Christopher Peuvrelle told the jury that David Barry Hanley reloaded the shotgun with one round during the shoot out.)

 

Said; yes you can reload with one arm.

 

Showed the Photo of David Barry Hanley's shot arm and asked how?

Lied; he could do it with his left arm, and leg and then with his right,

Deputy District Attorney Christopher Peuvrelle, "Objection. Relevance", Honorable Timothy Freer Sustained (He stopped in the middle of answering the question)

 

David Barry Hanley's Attorney and I got together and I would write up the question he needed to ask me. I needed to explain all the evidence because he could not get any of the state witnesses to answer the questions because Deputy District Attorney Christopher Peuvrelle, "Objected", and the Honorable Timothy Freer Sustained

 

Defense witnesses

Our witnesses were scared off by the Sheriffs and District Attorneys Office.

The neighbor who had his motor home shot up was gone right before trial started. He was going to tell that it was less then a minute from Sheriffs Department, drop your weapon to them shooting David Barry Hanley.

 

Marco would not even talk to us. 

Defense witnesses Pedro who is the land lord and friend.

Pedro took the Stand; he was shaking, and could not speak. He was scared and everyone could see it. (Deputy District Attorney Christopher Peuvrelle and Honorable Timothy Freer treated this man as if he was a third class citizen, because he was Hispanic.)

 

I was not allowed, inside the courtroom form any reason so, I did not get to see my brother/ client until I took the stand. I was shocked at what my brother looked like. I have not seen my brother for almost 18 months. The last and only time I have seen Barry I was at Riverside County Hospital jail ward right after he was shot. I was treated like trash by the deputy sheriffs at the jail ward. I could not take his statement because we did not have a private room to discuss what happened. Barry was told after, I left by one of the Deputy's if I came back no one would ever see me again. This scared him very bad and he would not let me come back to see him.

When trial started David Barry Hanley still was not cleaned up for trial. The Deputy Sheriff at the jail still refused to let him get a haircut and shave. He looked like Charles Manson, with long dirty hair and beard. They refused to give him his medication during trial so he was in pain the entire time of trial. When I was on the stand, I could not look at my brother because he looked horrific, unclean and sick. My heart could not take it so I looked at the jury the whole time.

 

Before I could testify, Deputy District Attorney Christopher Peuvrelle objected to me, being in the courtroom and me being an expert witness. Then he racked me over the coals with the jury.

I had to show my credentials and explain who I was.

I have over 30 years working on firearms; I am an agent to a gun shop that has been in business for over 30 years. I showed the Federal firearms license.

I consult with police officers and Sheriffs on functioning of firearms.

I worked with the Santa Ana Police Department to help train their new officers. This was through Saddleback.

I worked with the Police academy through Saddleback Collage to help with training of the recruits.  

I took Administration of Justice in college, a few law classes.

I worked for a few attorneys in Arizona.

I trained many law enforcement officers on the range on how to shoot their new firearm and I was the range master on competitions for the law enforcement agencies in that area.

Deputy District Attorney Christopher Peuvrelle "told the jury that the only thing I did was fill out the paperwork and I did not know how to repair any firearms, I was just a glorified paper pusher". I was not getting paid for what I did, so I could not do what i said". I told him I get paid for my work, but advice and consulting is free.

Then I had to explain how to repair several firearms until the Judge was satisfied that I was a firearm expert.

 

I wrote the questions that David Barry Hanley's attorney asked me on the stand.

 

The questions and answers were:

 

1) What is muzzle flash?

I said; that muzzle flash is in five parts, which are in this order muzzle glow, primary flash, intermediate flash, secondary flash and sparks. It is like a shock wave in the air.

Deputy District Attorney Christopher Peuvrelle, "Objection", and the Honorable Timothy Freer Sustained

 

2) Can you see muzzle flash from different directions?

I said; yes, you can see the flash

Deputy District Attorney Christopher Peuvrelle, "Objection", and the Honorable Timothy Freer Sustained, strike the answerer form the record.

I was told; by Honorable Timothy Freer "that I had to wait for the DA to object and I will decide if you can answer the question".

I said; Yes sir.

 

3) Could David Barry Hanley get gunshot residue on him from the deputy's sheriffs shooting him?

Deputy District Attorney Christopher Peuvrelle, "Objection", and the Honorable Timothy Freer Sustained.

(If I would have been allowed to answer this question, it would have been No, because they were five feet away from him and they were shooting through the door and wall of the motor home. The only gunshot residue would have been around the gunshot wounds, and nowhere else on his body.

 

4) Could you get gunshot residue from firing a weapon.

I said; Yes, you can, because it comes from?

Deputy District Attorney Christopher Peuvrelle, "Objection", and the Honorable Timothy Freer Sustained, strike the answer form the record.

Honorable Timothy Freer, "did I not tell you to wait for the DA to object and I will decide if you can answer the question".

I said; Yes sir you did, sorry.

(If I would have been allowed to finish my answer, I would have told them Yes! you can, because it is part of the muzzle flash. The flash comes out of the barrel it displaces the air around the barrel (shock wave), then gases and burnt and un-burnt gunpowder go forward, and the last of the flash goes backward toward the person shooting the gun. The residue would be on the hands, forearms, and some on the clothes of the person firing the weapon.)

 

5) Was David Barry Hanley, tested for gunshot residue?

Deputy District Attorney Christopher Peuvrelle, "Objection", and the Honorable Timothy Freer Sustained

(If I would have been allowed to answer the question it would have been NO! they did not test him for gunshot residue.)

 

Barry's attorney handed in exhibits as he was asking me question and the Honorable Timothy Freer said to Barry's attorney "did I not tell you to hand in all his exhibits at once because it's too much work for the court clerk to stop what she doing to do your exhibits". Barry's attorney said" he did not know what we are going to use until we need them. If the DA asks any questions that we need to rebutt then I pull what exhibits we need".

Barry's attorney had to get all the photos and statements from me at the stand and show them to Deputy District Attorney Christopher Peuvrelle to go thru them before the court clerk received them. (What is up with that? I was informed after word that he was told to do it that way in judge's chambers) (All of our exhibits are from the Sheriffs Forensic Department. It is the discovery they handed over to us.)

 

Before any more questions were asked the judge called Barry's attorney and the DA over to the side bench and told Barry's attorney something, I could not hear what was said. Clearly, Barry's attorney was shook up over this. This was not recorded by the court reporter. Neither were any of the meetings in the judge's chambers. David Barry Hanley, and I were not allowed, to hear or be part of what took place in chambers.

 

6) What are shotgun wads?

I said; they are used to push the slug or pellets out of the shotgun when it is fired.

 

7) Can you tell the differences between wads, like 00 buckshot, to birdshot?

I said; yes! You can. We showed photos of the wads from the forensic department. As you can see, they are all the same and they have a number stamped on them. The wad I am showing comes from birdshot and you can see that this is different then the ones on the ground.

 

8) How many wads are on the ground at the crime scene?

I said; 4 and they are all the same.

 

9) Whose wads are on the ground?

I said; Only Sergeant Sanches's. If David Hanley

Deputy District Attorney Christopher Peuvrelle, "Objection", and the Honorable Timothy Freer Sustained, strike the answerer form the record.

Honorable Timothy Freer, "did I not tell you to wait for the DA to object and I will decide if you can answer the question".

I said I am sorry I am just nervous.

(If would have been allowed to finish answering the question I would have said, If David Hanley would have shot his shotgun then there would be a wad from the birdshot that was loaded in his shotgun

 

10) Can you tell from the bullet what weapon it came from?

I said: Yes you can

Deputy District Attorney Christopher Peuvrelle, "Objection", and the Honorable Timothy Freer Sustained, strike the answerer form the record.

Honorable Timothy Freer, "did we just not talk about you to wait for the DA to object.

I said; oh yes sir we did.

 

11) How many manufactures make the .32 cal weapon?

I said; at lest 25 and each of them make 3 to 4 different types, like .32 auto, .32 revolver.

 

12) How many manufactures make the .32 cal ammunition?

I said; at least 50 different companies in the USA. Each company makes several different types of the .32 ammo.

13) What is a shotgun Pattern Test? Does it tell you where the person was standing when they shot the shotgun?

Deputy District Attorney Christopher Peuvrelle, "Objection", and the Honorable Timothy Freer Sustained.

 

14) Here are 6 exhibits can you tell me about them?

I said; yes, I can. I did a shotgun pattern test, as you can see that I wrote down how far away the shotgun was from the target when the target was shot.

 

15) Do any of these match the shotgun marks on the side of the pick up truck?

I said; yes the one that is 8 feet away.

 

16) Did David Hanley fire his shotgun at the deputies and hit the truck.

I said; No he was 19 to 21 feet away and the hit to the

Deputy District Attorney Christopher Peuvrelle, "Objection", and the Honorable Timothy Freer Sustained, strike the answer form the record.

Honorable Timothy Freer, "Have I not asked you to wait".

I said; oops, I am sorry I did not hear the DA.

(If I could have finished my answer, I was saying Barry was 19 to 21 feet away and the shotgun blast to the truck was from around 8 feet away. The reports states that David Barry Hanley was in the motor home and did not come out until after they shot him.

(The sheriff Stated that David Hanley shot at them and hit his brown truck.)

 

17) Did David Hanley shoot his .32 cal revolver at the woman's house?

I said; no he did not. The bullet that hit the house was rifled and David Hanley's gun was a smooth barrel. This gun was made between 1864 and 1889 and it was a cheap maybe $25.00 dollar gun.

 

18) This photo here can you tell me about it?

I said; the sheriffs took this and as you see, there is no .30-30 round on the ground.

 

19) Tell me about this photo

I said; The last photo did not have a .30-30 round in it, and this one does.

 

20)  Tell me about this Photo?

I said; this aerial was taken by the sheriffs helicopter team, and it's time stamped 10:06, and as you can see that there is no silver handgun on the ground, the one they said David Hanley was grabbing for, and neither is anything else except for David Hanley's blood, shirt, handcuffs and EMTS items.


21) Tell me about this photo?

I said; this photo was taken by the sheriffs, and it's time stamped 11:12 and now there is a sliver handgun, green shotgun shells and .30-30 rounds on the ground. This photo was taken an hour and 06 minutes after the aerial was taken.

 Deputy District Attorney Christopher Peuvrelle  Cross-Examination:


Asked; why did I wait until September 19, 2013 to do the shotgun pattern test

I Said; because your Department did not do one.

 

Asked; if I was, prejudice because David Barry Hanley was my brother and I would do anything to help him?

I said; yes, he is my brother and yes, I would do anything legal to help him.


Asked; why am I helping him?

I Said; because he's innocent and he's my brother.


Then Deputy District Attorney Christopher Peuvrelle, said that the only reason I am helping him is that I want the money from the law suit.

I Said; No!


Then he said are you going to sue the county?

I Said; that is up to David Hanley if he sues, I have nothing to do with that.


Asked; did you not build your brother a web site?

I Said; yes I did 'Justice For David Hanley"

 

Then he showed me a photo of the crime scene

Asked; do you see that photo, and do you see the .30-30 round next to the green shotgun shell and there is no yellow marker is there?

I Said; I know all the photos and I have never seen this one, what is the photo ID number.

Deputy District Attorney Christopher Peuvrelle  "said I did not ask you that" "I asked you do you see the .30-30 round there with out the yellow marker"

I Said; yes I see it but I do not know that photo.

(This photo was photo shop and the .30-30 round was placed in it and it was enlarged so big to hid the yellow marker! "Is this is not tampering with evidence"?)

 

Deputy District Attorney Christopher Peuvrelle would ask me questions and before I could answer them he would say I do not want to hear the answer and go to the next question and say the same thing I do not want to hear them.

David Barry Hanley's attorney objected to this type of question and the Honorable Timothy Freer "Overruled"


Deputy District Attorney Christopher Peuvrelle then said I am done with this witness.

Honorable Timothy Freer reads the jury instruction and gives them a hard copy of the instruction.

Deputy District Attorney Christopher Peuvrelle Closing Statements

This is what I saw on Deputy District Attorney Christopher Peuvrelle Closing Statements, it was as if I was back in drama classes at school. If this were not for it being my brother's life on the line I think, I would have burst out laughing at this man because he was jumping all around the courtroom floor,

and it was as if he was on speed that after noon.



Deputy District Attorney Christopher Peuvrelle started out as if he was holding a shotgun and hid behind the podium. Deputy District Attorney Christopher Peuvrelle told the jury that David Barry Hanley hid behind the door and wall to get the deputies in his sight.  He was not hiding for his safety or the fact he was afraid of who was outside; he was hiding to get a better shot at them. (None of that was in any of the statements from the deputies and the evidence does not show that.)


Deputy District Attorney Christopher Peuvrelle told the jury that David Barry Hanley steeped into the doorway and took a shot at the deputies. (That was not in anyone's statements) They returned fire and hit David Barry Hanley, he fell outside on the ground and trying to grab the weapon that he used to shoot that woman's house, but the officers were being nice and did not shoot him again. (This whole time, the DA is jumping around like a madman).


Deputy District Attorney Christopher Peuvrelle told the jury that the only reason they did not test David Barry Hanley's shotgun was to save the taxpayer's money and they rarely test any of the weapons that comes in because it is very expensive. (They tested Sergeant Sanches shotgun that is spending taxpayer's money)


Deputy District Attorney Christopher Peuvrelle tells the jury the only reason I am helping my brother was I wanted the money from the lawsuit.


Deputy District Attorney Christopher Peuvrelle tells the jury by law they have to dismiss anything I testify to on the stand because the law states that you can not use anything from the witness that is prejudice.

David Barry Hanley's attorney objected and said that, that's not what the jury instruction states and he's misleading the jury the Honorable Timothy Freer "Overruled told the DA to continue.


Then Deputy District Attorney Christopher Peuvrelle repeated what he said at the beginning on of his closing statements; how David Barry Hanley was hiding and waiting to get the deputies in his sights.


Deputy District Attorney Christopher Peuvrelle tells the jury that the shotgun test pattern they had to ignore because I did it right before trial, I should have tested months ago and not right at the last minute, he stated that I was not qualified to run the test.


Deputy District Attorney Christopher Peuvrelle stated that David Hanley shot up the neighbor and shot that women's house that night. When the deputies came to his home, he sneak around in the dark to get a shot at the deputies.

Donald Calabria's Closing Statements

Donald Calabria is in his late 70's and he has been attorney for over 40 years.

Donald Calabria stands behind the podium and he is loud clear and precise.

 

Donald Calabria tells the jury that the instruction states that they "the jury" cannot be prejudice against the defendant, or the witnesses for any reason such as color, race, life style. The instruction does not say that the witnesses or defendant cannot be prejudice, you yourself the jury cannot be prejudice.

 

Donald Calabria tells the jury that Deputy Melendez stated that David Barry Hanley never fired the shotgun, Deputy Melendez never show any muzzle flash come from the defendants motor home. Deputy Melendez stated that Deputy Yarbrough asked Sergeant Sanches if he could shoot the defendant because he lost sight of him, Sergeant Sanches said "Go ahead and shoot" "Take the shot if you have it" Deputy Melendez stated she had tunnel vision, she had her 40 cal sights on him the whole time.

 

Donald Calabria tells the jury that Deputy Moore was lined up to the door and Deputy Yarbrough was 3 feet or more to his right and Deputy Moore stated he could not see David Hanley or his weapon so how could Deputy Yarbrough see just the barrel if Deputy Moore could not see it. Deputy Moore states he never saw any muzzle flash come out of the defendant's motor home.

 

Donald Calabria tells the jury that Deputy Yarbrough stated he shot first or at the same time and he could see the muzzle flash; three other deputies' sheriffs said they did not see the flash. Deputy Moore stated he could not see the defendant or his weapon so how could deputy Yarbrough!

 

Donald Calabria tells the jury that Sergeant Sanches said he did not see the muzzle flash but he just knows that he shot the weapon, you heard from an firearm expert that you can see muzzle flash in all directions

Deputy District Attorney Christopher Peuvrelle, "Objection", and said that was removed from the records and the Honorable Timothy Freer Sustained, "you will ignore that remark."

 

Donald Calabria tells the jury if Sergeant Sanches can see the bullet come out of the weapon when he should have seen the muzzle flash, he said he was looking right at it.

 

Donald Calabria tells the jury that Investigator Beaza stated that the weapon they said David Barry Hanley used was still fully loaded and there still was a live round in the chamber. David Barry Hanley was shot and could not shoot or reload the shotgun.

 

Donald Calabria tells the jury that Marco's wife stated that the gunshots that night were not on their property, and defendant's house is right next to Barry's motor home and they had their sliding glass door open. She also stated that with the loud pounding on the sides of the motor homes she could barely hear what the deputies were saying.

 

Donald Calabria tells the jury that they heard from their expert witness from the Department of Justice Michele Nicolas and she stated that they do not know if it was or was not the defendant .32 cal who shot that women's house.

The sheriffs department cleared David Barry Hanley of the shootings and the house, which is still an open case.

 

Donald Calabria tells the jury that you saw the shotgun test pattern results and that the shot that hit the truck could not have come from the defendant in the motor home. What differences does it make when the tests was done. The condition for the test matched that night.

 

Donald Calabria tells the jury that none of the tests were done on David Barry Hanley or on his shotgun to prove that he shot at the deputies that night.

 

The defense rests their case.

Deputy District Attorney Christopher Peuvrelle Rebuttal to Defense Closing Statements

Deputy District Attorney Christopher Peuvrelle started out as if he was holding a shotgun and hid behind the podium again, but his irritated at this point.

Deputy District Attorney Christopher Peuvrelle told the jury that David Barry Hanley hid behind the door and wall to get the deputies in his sight.

 

Deputy District Attorney Christopher Peuvrelle told the jury that Deputy Melendez had to have lost sight of subject; she was hiding behind the truck and could not see over the truck. Deputy Melendez got there late and did not see what took place.

 

Deputy District Attorney Christopher Peuvrelle shows the photo that was photo shopped and said the defendant's sister said the 30-30 was there. (That is not what I said I said yes I see it, but I told him I have never seen that photo before and asked for the ID number of the photo, he would not give it.)

 

Deputy District Attorney Christopher Peuvrelle told the jury that Marco's wife was covering up for the defendant. They had something going on, and she was trying to keep him out of trouble, that why she lied in testimony, she heard the Sheriffs yell out Sheriffs Department over ten times, she heard the defendant shoot his weapons that night.

 

Deputy District Attorney Christopher Peuvrelle told the jury that David Barry Hanley was shooting up the neighborhood and shot that woman's house that night.

David Barry Hanley's attorney objected and said that, the sheriffs department cleared David Hanley of shooting that house and any of the shootings in the neighborhood that night, it is still an open case, he's misleading the jury the Honorable Timothy Freer "Overruled"

 

Deputy District Attorney Christopher Peuvrelle went nuts! he turned and look at David Hanley and said" I can charge you for that do you want me to charge you do, you do you?" David Hanley's attorney said "he was cleared of that by the sheriffs department."

Then the Deputy District Attorney Christopher Peuvrelle went ballistic on David Hanley and his attorney, Deputy District Attorney Christopher Peuvrelle  stated" He does not care what the Sheriff said he had the power to charge anyone any thing he wants he's in charge not the sheriffs, do you want me to charge you" David Barry Hanley said "No! I do not".

The whole time he is saying this he going back and forth looking at the defendants table and the jury box. David Hanley's attorney is objecting repeatedly the Honorable Timothy Freer, does not even look up from the paperwork or whatever he was doing.  (This scared me and I know it had to scare some of the jury.)

 

Deputy District Attorney Christopher Peuvrelle showed a photo of the side of David Hanley's motor home and it had gun shot residue on the outside of the wall and Deputy District Attorney Christopher Peuvrelle told the jury that, "that was their shotgun pattern test! That was shot from Sergeant Sanches shotgun, and he was 25 feet back and the pattern matches the side of the pick up truck. This shows that David Hanley shot at the sheriffs." (If you read the Book of Evidence you will see that the marks he was pointing out came from 40 cal and .223 bullets not Sergeant Sanches shotgun and it was shot 5 feet from the wall not 25 feet.)

End of the trial

The judge gave his instructions and his opinion on the case he emphasized guilty to the jury.

 

The jury was instructed to come back at 1:00pm the next day as the jury room was already booked for the morning.

The jury met for about 3 to 3 1/2 hours that day, they came back the next day for about 4 hours because of the booking of the jury room, but the verdict was already made. We could not have the verdict until 2:30 the following day because the courtroom was in use. It only took the jury less then 8 hours to convict David Barry Hanley of the false charges.

 

The jury was not in the courtroom when I came in and the judge told me, "I was not allowed to have any out burst when the verdict was read."

 

After the verdict was read, the Honorable Timothy Freer told the jurors to leave their notebooks and they will be destroyed immediately, and all the jury records will be sealed.

 

As Deputy District Attorney Christopher Peuvrelle was leaving the courtroom he had a deputy escourt him to the courtroom door and he stopped and said to me " Better luck next time, oh sorry Jennifer" The deputy stepped in between the DA and I.

David Barry Hanley is facing life in prison for something he did not do. After reading this, you can see that this trial was rigged by the District Attorney's Office, Justice Department and the Sheriffs Department.

 

I am asking all who read this to Help David Barry Hanley he is an innocent man.

We need everyone to call the FBI Los Angeles and Department of Justice in Washington DC. demand they investigate this case.  Contact information below.

 

Please let everyone you know what has happened to David Barry Hanley and that his is an innocent man!

 

Pray for my brother to stay strong.

Pray for protection for him until we get him home.

Pray for our mother as she is very ill and this case has almost killed her.

Funds to finish this fight to get him home. As you know attorney's fees are way out of reach for us now, they have bled us dry; we need help to pay for the attorney or new attorney to continue to fight for David Barry Hanley's life, liberty and Justice.

 

My family and I Thank You,

 

God Bless and Thank you again!

Jennifer Ryan



Please when you are finished reading, I am asking you to call or write the  Los Angeles FBI Office and Department Of Justice, and ask them to investigate this case and get Barry the help he needs, before the Sheriffs find a way to kill him. He has been in jail for almost 2 years for something he did not do. Barry's health is fading fast. The deputies told him that he would not make the transfer to the state prison.


David Barry Hanley has clean record. He does not even have a ticket. He is facing life in prison, because the Deputy Sheriffs filed false reports and the District Attorney's Office is protecting the deputies who shot David Barry Hanley.


Los Angeles FBI

11000 Wilshire Boulevard
Suite 1700
Los Angeles, CA 90024
Phone: (310) 477-6565
Fax: (310) 996-3359


U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001 

By Phone

Department of Justice Main Switchboard - 202-514-2000

Office of the Attorney General Public Comment Line - 202-353-1555

E-mails to the Department of Justice, including the Attorney General, may be sent to [email protected]


To my friends and acquaintances with the Police and Sheriffs Departments, this web site has no reflection on you or the great job you all do for all of us.

This web site is for the ones who give you a black eye.

I ask you all to stand up and help me fight this battle. Help me to put the trust back into your services. If we all stand together, we can win this battle.

Thank you for all of your hard work and putting your life on the line for all of us.



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