02 December 2021

MEMORANDUM

From: Michael J. Merritt, USN Retired/Writer
PO BOX 187
Newton, IA 50208
cipher.hunter@cipherphoenix.com

To: Joel Greer
420 Hughes Street
Marshalltown, IA 50158
(641)-752-5467

Michael W. Tupper
909 S 2nd Street
Marshalltown, IA 50158
(641)-754-5771

Office of the Attorney General of Iowa
Hoover State Office Building
1305 E. Walnut Street
Des Moines, IA 50319
Phone: 515-281-5164
Fax: 515-281-4209

Office of Auditor of State
Room 111
State Capitol Building
Des Moines, Iowa 50319

Office of Ombudsman
Ola Babcock Miller Building
1112 East Grand
Des Moines, Iowa 50319

Subj: FREEDOM OF INFORMATION REQUEST – USE OF CITY OF MARSHALLTOWN, IOWA INFORMATION SYSTEM ASSETS #001

Ref: 1. THE FREEDOM OF INFORMATION ACT, 5 U.S.C. § 552
2. Iowa Open Records Act – Iowa Code Chapter 22
3. Marshalltown, Iowa; Freedom of Information Policy
4. 1st Amendment to the United States Constitution
5. 4th Amendment to the United States Constitution
6. 14th Amendment to the United States Constitution

1. Requested Information

(a.) City of Marshalltown Information System End-User interaction with the following uniform resource locators (URL) during 01 JAN 2018 at 0001 Local Time through 02 DEC 2021 at 2359 Local Time:

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

(b.) End User information within City of Marshalltown information system logs showing previous access to uniform resource locators (URL) or their sub-domains in paragraph 1(a.).

(c.) All City of Marshalltown end-user electronic mail, including attachments mentioning domains in paragraph 1(a.) regarding complaints filed by anyone named in paragraphs 1(d.) or 1(e.).

(d.) All City of Marshalltown end-user electronic mail/attachments including the names Meghan Schumacker, Meghan R Schumacker, Meghan R. Schumacker, Meghan Ruth Schumacker, Meghan Ruth, Nancy Smith, Nancy M Smith, Nancy M. Smith, Nancy Mclean Smith, Nancy Meghan, Nancy Smith, Nan Smith, Nancy Geske, Nancy M Geske, Nancy, M. Geske, Pastor Nan, Pastor Nan Smith, Pastor Nancy Smith, Pastor Nancy M Smith, Pastor Nancy M. Smith, Pastor Nancy Mclean Smith, or Pastor Nancy Mclean during 01 JAN 2018 at 0001 Local Time through 29 NOV 2027 at 2359 Local Time.

(e.) All City of Marshalltown end-user electronic mail/attachments including the names 4d69636861656c204d6572726974740d0a0d0a0d0a0d0a0d0a0d0a, 4d69636861656c204a204d6572726974740d0a0d0a0d0a0d0a0d0a0d0a, 4d69636861656c204a2e204d6572726974740d0a0d0a0d0a0d0a0d0a0d0a, 4d69636861656c204a616d6573204d6572726974740d0a0d0a0d0a0d0a0d0a0d0a relating to complaints filed by Hope United Methodist Church at 2203 S 3rd Ave, Marshalltown, IA 50158 | (641)-752-5104, The Iowa Conference of the United Methodist Church at 2301 Rittenhouse St. Des Moines, IA 50321 | (515)-974-8900, Johannes H. Moorlach, or Whitfield & Eddy Law at 699 Walnut Street Suite 2000, Des Moines, Iowa 5030 | (515)-288-6041.

(f.) All City of Marshalltown, IA incident reports regarding Michael J. Merritt, 720 1ST ST S, Newton, IA 50208 relating to complaints filed by Hope United Methodist Church at 2203 S 3rd Ave, Marshalltown, IA 50158 | (641)-752-5104, The Iowa Conference of the United Methodist Church at 2301 Rittenhouse St. Des Moines, IA 50321 | (515)-974-8900, Johannes H. Moorlach, or Whitfield & Eddy Law at 699 Walnut Street Suite 2000, Des Moines, Iowa 5030 | (515)-288-6041, or by any names listed in paragraph 1(d.).

(g.) All City of Marshalltown end-user electronic mail regarding coordination with Newton Police Department for Newton Police Department Incident #19-16725.

(h.) The desired format of requested data: Portable Document Format/Thumb drive (at City of Marshalltown published rate):

(i.) The originator of this request is not responsible for any costs generated by the production or organization of this data if the clerical, professional, clerical staff, legal fees, or any other required actions or cost exceed 10 hours or $1000 (whichever comes first) without prior coordination and approval from the originator of this request.

(j.) Distribution of Requested Data: Priority Mail sent to the originator of this request.

2. Iowa Code Chapter 708.7 Harassment

1. “a. A person commits harassment when, with intent to intimidate, annoy, or alarm
   another person, the person does any of the following:
   (1) Communicates with another by telephone, telegraph, writing, or via electronic
   communication without legitimate purpose and in a manner likely to cause the other person annoyance or harm.
   (2) Places a simulated explosive or simulated incendiary device in or near a building,
   vehicle, airplane, railroad engine or railroad car, or boat occupied by another person.
   (3) Orders merchandise or services in the name of another, or to be delivered to another,
   without the other person’s knowledge or consent.
   (4) Reports or causes to be reported false information to a law enforcement authority
   implicating another in some criminal activity, knowing that the information is false, or reports the alleged occurrence of a criminal act, knowing the act did not occur.
   (5) Disseminates, publishes, distributes, posts, or causes to be disseminated, published,
   distributed, or posted a photograph or film showing another person in a state of full or
   partial nudity or engaged in a sex act, knowing that the other person has not consented to the dissemination, publication, distribution, or posting.
   b. A person commits harassment when the person, purposefully and without legitimate
   purpose, has personal contact with another person, with the intent to threaten, intimidate, or alarm that other person.
2. a. A person commits harassment in the first degree when the person commits
   harassment involving any of the following:
   (1) A threat to commit a forcible felony.
   (2) A violation of subsection 1, paragraph “a”, subparagraph (5).
   (3) Commits harassment and has previously been convicted of harassment three or more
   times under this section or any similar statute during the preceding ten years.
   b. Harassment in the first degree is an aggravated misdemeanor.
3. a. A person commits harassment in the second degree when the person commits
   harassment involving a threat to commit bodily injury, or commits harassment and has
   previously been convicted of harassment two times under this section or any similar statute during the preceding ten years.
   b. Harassment in the second degree is a serious misdemeanor.
4. a. Any other act of harassment is harassment in the third degree.
   b. Harassment in the third degree is a simple misdemeanor.
5. For purposes of determining whether or not the person should register as a sex offender
   pursuant to the provisions of chapter 692A, the fact finder shall make a determination as
   provided in section 692A.126. However, the fact finder shall not make a determination as
   provided in section 692A.126 regarding a juvenile convicted of a violation of subsection 1,
   paragraph “a”, subparagraph (5), and the juvenile shall not be required to register as a sex
   offender with regard to the violation.
6. The following do not constitute harassment under subsection 1, paragraph “a”,
   subparagraph (5):
   a. A photograph or film involving voluntary exposure by a person in public or commercial settings.
   b. Disclosures made in the public interest, including but not limited to the reporting
   of unlawful conduct, disclosures by law enforcement, news reporting, legal proceeding disclosures, or medical treatment disclosures.
   c. Disclosures by an interactive computer service of information provided by another information content provider, as those terms are defined in 47 U.S.C. §230.
7. As used in this section, unless the context otherwise requires:
   a. “Full or partial nudity” means the showing of any part of the human genitals or pubic
   area or buttocks, or any part of the nipple of the breast of a female, with less than fully opaque covering.
   b. “Personal contact” means an encounter in which two or more people are in visual or physical proximity to each other. “Personal contact” does not require a physical touching or oral communication, although it may include these types of contacts.
   c. “Photographs or films” means the making of any photograph, motion picture film, videotape, or any other recording or transmission of the image of a person.
   d. “Sex act” means the same as defined in section 702.17.
   [C71, 73, 75, 77, §714.37, 714.42; C79, 81, §708.7; 82 Acts, ch 1209, §19]
   83 Acts, ch 96, §157, 159; 86 Acts, ch 1238, §28; 87 Acts, ch 13, §4; 89 Acts, ch 226, §1; 94
   Acts, ch 1093, §3; 2000 Acts, ch 1132, §3; 2009 Acts, ch 119, §53; 2017 Acts, ch 117, §2
   Referred to in §232.8, 664A.2, 692A.102, 692A.126, 720.7, 901C.3
   Harassment with intent to interfere with official judicial acts, see §720.7″

3. Hope United Methodist Church Historical Context

Evidence shows that leadership personnel of Hope United Methodist Church of Marshalltown, Iowa was involved with Claudia J. Bergman’s (formerly Claudia J. Merritt while residing in the State of California) spread of false allegations of sexual assault against Michael J. Merritt, who was a member of this church. Hope United Methodist Church involved Marshalltown Police Department during the spring of 2019 after receiving a written formal complaint on 10 OCT 2018 from Michael J. Merritt requesting action to hold parties accountable for unethical sexual behavior against Michael J. Merritt. Michael J. Merritt filed a complaint with The Iowa Conference of the United Methodist Church during the Spring of 2019 after Hope United Methodist Church failed to take adequate action.

4. The Fourth Amendment to the United States Constitution

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

5. Evidence of Excessive Unjustified Force Executed by the Marshalltown Police Department

Marshalltown Police Department officers, while escorted by Officer Watson of the Newton Police Department (Incident #19-16725), arrived at the home of Michael J. Merritt on 06 JUN 2019 at 720 1st ST S, Newton, IA 50208, fully armed with body armor. The Marshalltown Police Department had questions regarding Michael J. Merritt’s location, mental health, and whether he owned a weapon. Michael J. Merritt has never owned a gun, nor has he been a registered gun owner in any state he has resided while serving in the U.S. Navy or living in Iowa. There was no evidence supporting that Michael J. Merritt had a weapon. Medical status, diagnoses, and prescriptions status are protected under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Neither the Marshalltown Police Department nor the Newton Police Department had a warrant or evidence of a crime to make an arrest that justified their actions, harassing presence, or need/ethical purpose of extracting personal information. The Marshalltown Police Department lacked evidence or justification to travel to a neighboring county while utilizing public-funded resources to deploy intimidating force and presence to extract personal information from someone they had no justification to question, arrest, or execute their actions. Marshalltown Police Department’s posture based on no evidence was fueled by testimony provided to them by leadership personnel of Hope United Methodist Church and possibly their entourage. At no time was a threat made by Michael J. Merritt toward Hope United Methodist Church, its leadership personnel, or The Iowa Conference of the United Methodist Church, which led to the Marshalltown Police Department having no evidence to file charges against Michael J. Merritt. This situation produces a couple of questions: Is the Marshalltown Police Department hired muscle for those who have the political or financial resources and need to intimidate and silence those pursuing justice and accountability against them regarding their unethical conduct. Does the Marshalltown Police Department and the Newton Police Department use unjustified excessive force and intimidation to extract information out of citizens when they lack evidence to acquire a warrant? If the Marshalltown Police Department only had questions to ask, why did they travel 40 minutes to a neighboring county to show presence and excessive force against a private citizen’s house who was at the time of their arrival nearly 2000 miles away in the State of California?

6. The Fourteenth Amendment to the United States Constitution

Section 1

“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

7. Inconsistencies of Law Enforcement regarding enforcement of Iowa Code Chapter 708.7

Michael J. Merritt has been brutally attacked on social media and directly through electronic messages with multiple false allegations of sexual assault, other forms of harassment, and threats against his life (multiple death threats). The Newton Police Department’s response to this is this behavior is protected by the First Amendment of the United States Constitution. Why was Michael J. Merritt not afforded equal protection under the law that the Fourteenth Amendment to the United States Constitution provides regarding the use of his First Amendment rights while pursuing justice and producing awareness to the evidence of the unethical acts of Hope United Methodist Church?

6. The following do not constitute harassment under subsection 1, paragraph “a”, subparagraph (5): b. Disclosures made in the public interest, including but not limited to the reporting of unlawful conduct, disclosures by law enforcement, news reporting, legal proceeding disclosures, or medical treatment disclosures.

Iowa Code Chapter 708 Assault – Section 708.7 – Harassment

8. The First Amendment to the United States Constitution

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

9. Evidence of Possible 1st Amendment Violations

The Marshalltown Police Department has communicated that if Michael J. Merritt mentions the leadership personnel of Hope United Methodist Church publicly, he will be in danger of being arrested. Marshalltown Police Department is communicating that this is a criminal act:

Meghan Schumacker

Nancy Mclean

Michael J. Merritt cannot publish uncensored versions of memorandums and emails sent to these religious organizations due to the Marshalltown Police Department providing unconstitutional protection to these organizations while protecting their unethical behavior. At the same time destroying Michael J. Merritt’s rights protected by the First Amendment to the Constitution of the United States of America. Logic would suggest that public speech in our republic is not criminal; however, it can be challenged in civil court if the product of someone’s use of their 1st Amendment Rights perpetuates false information that causes damages to another party. However, private, direct, excessive, and unwanted communications could violate Iowa Code Chapter 708 Assault – Section 708.7 – Harassment. Marshalltown Police Department is directed to send guidance and references regarding what federal, state, or local law they are utilizing, granting them the authority to control a private citizen’s public speech protected by the First Amendment to the Constitution of the United States of America.

How can a law enforcement department in the United States of America criminalize speech in the public forum when our laws protect the right to freedom of speech? The Marshalltown Police Department has already demonstrated unjustified use of physical force, possibly to produce intimidation within a target attempting to hold accountable an unethical organization the Marshalltown Police Department was protecting. Is threatening to arrest a person based on speech against the leaders of that organization not further evidence of unethical acts by a police department providing favor and unequal protection under the law to Hope United Methodist Church. Available evidence produces the question: Why is the Marshalltown Police Department enforcing Iowa Code Chapter 708 Assault – Section 708.7 – Harassment differently than the Newton Police Department. What is the motive within these agencies causing this anomaly of inconsistent law enforcement within the same state of this republic? What justifies Marshalltown Police Department putting armed officers with body armor at someone’s home regarding the use of speech while the Newton Police Department can disregard it. Is law enforcement in the State of Iowa motivated by demographics such as social class, race, gender, sexual orientation, religion, etc., of the person or organization filing the complaint and the accused? Is it the intention of the Marshalltown Police Department to provide the leadership of Hope United Methodist Church additional protection by threatening the freedoms of private citizens with arrest who intend to assemble peacefully and speak against the historical behavior of this church? Where would we be as a society if the Catholic Church existed only in Marshalltown, Iowa?

729A.1 Violations of an individual’s rights prohibited.
Persons within the state of Iowa have the right to be free from any violence, or intimidation
by threat of violence, committed against their persons or property because of their race,
color, religion, ancestry, national origin, political affiliation, sex, sexual orientation, age, or
disability.
92 Acts, ch 1157, §8

Iowa Code Chapter 729A

10. American Justice as Perpetuated by Marshall County Iowa

It is the opinion of the author of this memorandum that the execution of American Justice in Marshall County, Iowa, is an abortion of civil rights. Further evidence to support this thesis: One of the parties named in this memorandum currently holding a leadership position at Hope United Methodist Church (a Christian/Caucasian/Woman) was possibly provided preferential treatment not only from the Marshalltown Police Department but also Iowa Courts District 2B (Caucasian/Woman) (Marshall County).

What does the data show regarding arrests and convictions historically made against other demographics in Marshall County and Iowa Court District 2B regarding its execution of American Justice?

11. Conclusion

The Marshalltown Police Department has a historical record of executing illogical, unjustified, and excessive force against the author of this freedom of information request for the benefit of Hope United Methodist Church. The author believes that the requested internal documents may shed light on what motivated the Marshalltown Police Department‘s unethical actions and level of force that is inconsistent with Iowa Code Chapter 708 Assault – Section 708.7 – Harassment and other jurisdictions enforcement of it.

Regarding Hope United Methodist Church’s malicious complaint against Michael J. Merritt with the Marshalltown Police Department after he filed a written complaint against this church’s leadership for unethical sexual conduct: The American Justice System and the law enforcement officers that enforce it are expected to operate off of evidence, not the feelings of assailants attempting to recast themselves as victims as they reshape the evidence of their unethical behavior while attempting to criminalize their victim. The author of this memorandum’s personal experience is that when the unethical feel threatened with the weight of truth and evidence of their prior behavior, they reshape in their mind how they choose to identify with interactions they had with their victim. At the same time, reshaping the context of evidence, they communicate to third parties while attempting to criminalize their victim and protecting themself from nothing more than the perpetuation of the truth.

Truth and evidence of their historical behavior are the true and only sources of fear they allegedly feel.

The lone assailant that has ever existed against this unethical Pastor and the evil she aligns herself with is the truth of her failure to maintain an ethical and Christ-like house of God and the false reality she is seeking to protect. As evidence shows, this alleged woman of God is nothing more than another human being willing to victimize someone else to further her own life and career.

Respectfully,

Michael J. Merritt, USN Retired/Writer
Founder:  cipherphoenix.com
Creative Writer/Musician
Information Warfare Specialist
Information Systems Manager
PO BOX 187
Newton, IA 50208
cipher.hunter@cipherphoenix.com

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