San Diego District Attorney Bonnie M. Doumanis

Damon Moelter has been telling every public official who would listen that he is the victim of sexual abuse and death threats in an effort to keep him silent.  In spite of his pleas for help, the San Diego family law court awarded custody  to his father, who Damon contends is his abuser.  Following is my effort to insure his safety:

August 8, 2011

Honorable Bonnie M. Doumanis, San Diego County District Attorney

Hall of Justice, 330 W. Broadway San Diego, CA 92101

RE: Damon Moelter

Honorable Bonnie M. Doumanis:

You will probably not recall it, but I believe we met in 2003 at the California NOW State Convention in San Diego. I am writing in my capacity as a NOW activist and as National Commissioner for Civil Rights for the League of United Latin American Citizens (LULAC).

I understand that you and your office are aware of various proceedings concerning Damon Moelter. Having been a private investigator for over 30 years, I recognize the problems associated with a criminal prosecution for the sexual abuse that he contends that he has suffered and the necessity for having evidence to convince a jury beyond a reasonable doubt.

However, there is another legal tool at the disposal of your office with which it would be appropriate and necessary to intervene on Damon’s behalf. The Bane Civil Rights Act (named after my former State Assembly member from the San Fernando Valley, Tom Bane), Section 52.1 of the California Civil Code, provides that:

(a) If a person or persons, whether or not acting under color of law, interferes by threats, intimidation, or coercion, or attempts to interfere by threats, intimidation, or coercion, with the exercise or enjoyment by any individual or individuals of rights secured by the Constitution or laws of the United States, or of the rights secured by the Constitution or laws of this state, the Attorney General, or any district attorney or city attorney may bring a civil action for injunctive and other appropriate equitable relief in the name of the people of the State of California, in order to protect the peaceable exercise or enjoyment of the right or rights secured. An action brought by the Attorney General, any district attorney, or any city attorney may also seek a civil penalty of twenty-five thousand dollars ($25,000). If this civil penalty is requested, it shall be assessed individually against each person who is determined to have violated this section and the penalty shall be awarded to each individual whose rights under this section are determined to have been violated. [Emphasis added]

Article One, Section One of the California Constitution provides that, Damon, like all Californians, has the following rights:

All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy.

If Damon’s allegations are true, then a prima facie case would appear to exist for intervention on his behalf by your office. I urge you to proceed expedititiously to insure that Damon’s inalienable rights to enjoy life and liberty, and to pursue and obtain safety, happiness and privacy are protected and guaranteed by the People of the State of California.

Respectfully Yours,  Jan B. Tucker