amazon.com/author/cherylkelmar

Ultimately, I dismissed everyone due to judicial chicanery. The reasons why I dismissed my case without prejudice after spending a year working constantly and spending over $10,000 are as follows:

1. I have a list of my neighbors’ 2,500 Facebook friends who could potentially serve on a jury. Yet, I won’t receive the jurors’ names until the trial day, which leaves me with no way to investigate possible connections between jurors and my neighbors’, where almost half could be friends or associates with them in the small town of Brookings with a population of only 6500.

2. Judge Stone rewarded my neighbor for modifying evidence her attorney claimed existed, making the trial into a he said, she said scenario. The judge also made a bogus ruling in favor of Google to deny me discovery.

3. My neighbors are a well-established family in Brookings, while I am an outsider.

4. When my neighbor flew a drone directly at me while I was standing on my property, about fifty feet from the property line, on June 18, 2024, the Brookings police did nothing. They told me it was fine, even though the FAA confirmed my neighbors’ drone was unregistered, showing extreme bias. Evidence obtained from the city shows a photo my neighbor took from her drone inside my shed, where I have an expectation of privacy. Imagine living next door to someone like that. The brown rectangle hides a view of my belongings.

5. In Gold Beach, the Sheriff ignored my service request for over six weeks, causing me to pay five times the normal cost to hire a process server from Medford.

6. I made two presentations to the City Council and Planning Commission asking them to pass an outdoor light statute like other remote towns in Oregon and California. They refused to even consider this simple statute.

7. My neighbors repeatedly blasted my 2023 City Council presentation over their outdoor speaker late into the night on multiple occasions in October of 2023, June 18, 22, 23, 24, 25, 26, and July 1, 3, 5, 10 of 2024. However, despite me calling the police over seven times, they took no action, forcing me to have to personally cite my neighbor.

8. From discovery, I learned that Police Chief Kelby McCrae sent an email stating that she could play my presentation anywhere, anytime, even after I complained over 10 times night after night to them.

9. In Municipal court, Judge Milliman prevented me from presenting most all my evidence, which had been submitted in advance, and disallowed my witness from offering important context about my neighbors’ harassment. Meanwhile, they were allowed to ramble on with unproven and irrelevant facts. When found guilty, my neighbor was only fined $100—a trivial penalty, despite my spending $1,500 to attend the trial in Brookings, which was required. Judge Stone was using the same play book.

10. After an officer recommended the Brookings District Attorney be informed of abusive behavior by my neighbors’ children, who called me derogatory names, the DA took no action or did no investigation. …and I claim this kind of abuse happened many times.

11. The Curry County court does not accept or store video evidence. Since this case involves defamation on TikTok and YouTube—both consisting of videos—this court is simply not modern enough for me to receive a fair trial, which is my constitutional right.

12. The City of Brookings echoed the city's dismissive attitude regarding my light complaint, asserting that since other neighbors hadn't complained about the light, my claim must be false. But those neighbors are over 200 feet away, so their property isn’t impacted by the light in the same way mine is. The light is only 15 feet from my property line, like placing a light at the apex of a bowl. Also, the neighbors light does not face my neighbors’ light like it does mine.

13. After I placed an ad in the local newspaper, the Pilot, asking for support for an outdoor light statute without ever personally attacking my neighbors. I was told I could not advertise again. What a reaction!

14. I went to the Elks Club with fliers seeking support for the outdoor light issue. There, Council member Clayton Malmerg’s table, a woman demonstrated clear hostility. When I asked her why, she invited me outside to yell at me with comments like, “You made a comment that the Planning Commission was all male and those men have wives.” She wouldn’t even listen when I tried to discuss the light issue.

15. Judge Stone denied me a pre-trial hearing, enabling my neighbors’ attorney to bring in witnesses and evidence I can’t challenge and stop until the day of the trial. Think about the unfairness of this!!!

16. My neighbors’ attorney has been rewarded for playing bad faith games with the evidence.

17. When my neighbors requested that an expert come to investigate the damage I allege from their lights. My request to ask what kind of camera their expert would use since I had discovered low grade cameras do not capture the damage was denied, opening the door to chicanery. He also denied my request to find out what makes this person an expert before he comes onto my property.

18. It is common in Oregon to harbor animosity toward people moving from California. I grew up in Warren, Michigan. Media outlets like the LA Times have documented this trend. My neighbors’ social media followers have also expressed this disdain.

19. Judge Stone, who was initially elected, demonstrated extreme bias against me by removing my motion from the calendar in favor of my neighbors, later reversing his decision. He ignored the law regarding my discovery request from Google, wrongly claiming I didn’t follow the correct protocol when it was, in fact, he who misunderstood the law. Bias per se.

20. My neighbor falsely accused me of installing an illegal septic system, which I did not do, claiming I avoided paying for a permit by doing it myself. She also claims I’m "drunk as a skunk" every night, which is simply not true. I’ve never been drunk in Brookings, Oregon, and my landlord in Santa Barbara attested that he has never seen me intoxicated during my year of rental. She just fabricates these stories. This continued defamation that permeates Brookings against me is exhausti
     

In Oregon, both the U.S. and Oregon State Constitutions guarantee the right to a fair trial. The Sixth Amendment guarantees the right to a fair and public trial, and Article I, Section 11 of the Oregon Constitution ensures due process of law. Under ORS 144.110(1), a judge may grant a change of venue if extreme prejudice makes a fair trial impossible (see McDonnell v. Premo, 2021, and Praegitzer Industries v. Rollins Burdick Hunter, 1994). ORS 14.120 allows for a motion to change the trial venue at any time before the trial begins. So, why can’t I have a Change of Venue at least to Coos County. Surely, bias has been proven for a reasonable person.