MEMORANDUM
From: Michael J. Merritt, USN Retired/Writer
PO BOX 187
Newton, IA 50208
cipher.hunter@cipherphoenix.com
To: Attorney Disciplinary Board Judicial Branch Building
1111 East Court Avenue
Des Moines, Iowa 50319
Info: Office of the Governor State Capitol
1007 East Grand Ave.
Des Moines, IA 50319
Office of the Attorney General of Iowa
Hoover State Office Building
1305 E. Walnut Street
Des Moines, IA 50319
Iowa Public Information Board Wallace Building, Third Floor 502 East 9th Street
Des Moines, IA 50319 Case: 22FC:0071
Jon Dunwell
District 29 of General Assembly 89 912 S 11th Ave W
Newton, IA 50208
City of Newton, IA
101 W. 4th Street S.
Newton, IA 50208
Subj: PRELIMINARY REPORT AND COMPLAINT – MATTHEW BRICK – BRICK GENTRY, P.C.
Ref: 1. Iowa Court Rules – Chapter 32 – Iowa Rules of Professional Conduct – Publication Date June 2022
1. Introduction
This correspondence intends to communicate a public declaration to the Iowa Attorney Disciplinary Board regarding the originator’s current preparation of a formal complaint against Matthew Brick of Brick Gentry, P.C.
2. Cause of Action – Preliminary Analysis
(a.) Evidence supporting a violation of Iowa Rules of the Court 32:8.4(a.) – See (e.) Evidence supporting a violation of Iowa Rules of the Court 32:3.4(a.), (g.) Evidence supporting a violation of Iowa Rules of the Court 32:4.1(a.), (h.) Evidence supporting a violation of Iowa Rules of the Court 32:4.4(a.)
(b.) Evidence supporting a violation of Iowa Rules of the Court 32:8.4(b.) – On 08 AUG 2022, Matthew Brick alleged the Complainant had executed behavior that had reached a level violating Iowa Code Chapter 708.7. At the same time, Matthew Brick used this allegation supported by zero evidence as the basis for halting the Complainant’s access to public accommodations provided by the City of Newton, IA, for its citizens to have electronic access to communications with elected and appointed officials of the City of Newton, IA. The following facts support evidence that this criminal allegation has no merit:
- The Newton, IA Police Department has communicated they have no investigation or charges pending against the Complainant regarding a violation of Iowa Code Chapter 708.7. This conversation was recorded by both the Complainant and the City of Newton, IA. For completeness, the Complainant has requested a copy of this law enforcement officer’s chest cam footage in accordance with Iowa Code Chapter 22.
- Iowa Court records show the Complainant has not been found guilty of a violation of Iowa Code Section 708.7 as Matthew Brick has communicated while attacking the reputation and credibility of the Complainant. At the same time halting his access to public accommodations during an active case against his client with the Iowa Public Information Board (22FC:0071).
Iowa Code Section 708.7(1.)(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.”
Iowa Code Section 708.7(4.)(a.): “Any other act of harassment is harassment in the third degree.”
Iowa Code Section 708.7(4.)(b.): “Harassment in the third degree is a simple misdemeanor.”
Iowa Code Section 718.6(1.): “A person who reports or causes to be reported false information to a fire department, a law enforcement authority, or other public safety entity, knowing that the information is false, or who reports the alleged occurrence of a criminal act knowing the act did not occur, commits a simple misdemeanor, unless the alleged criminal act reported is a serious or aggravated misdemeanor or felony, in which case the person commits a serious misdemeanor.”
Evidence supporting Matthew Brick communicated an allegation of a criminal act against the Complainant to law enforcement that is not supported by evidence is shown in electronic communications provided by Matthew Brick in his 17 AUG 2022 response to a request for public records in accordance with Iowa Code Chapter 22. The public record City Attorney Matthew Brick provided shows he is included in electronic mail communications with Newton, IA Police Department Chief of Police Rob Burdess. This electronic mail shows the City of Newton, IA has executed a block of electronic communications against the Complainant during an active Iowa Public Information Board complaint the Complainant has filed against the City of Newton, IA (22FC:0071). This electronic block the City of Newton, IA has executed against the Complainant was allegedly executed after the City of Newton, IA City Attorney Matthew Brick communicated to the Complainant on 08 AUG 2022 that he is no longer allowed to send electronic communications to the City of Newton, IA because of behavior executed by the Complainant he alleges and has determined violates Iowa Code Chapter 708.7.
The 1st Amendment to the Constitution of the United States of America states: “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.”
Section 7 of Article 1 of the Constitution of the State of Iowa communicates: “Liberty of speech and press. Every person may speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right. No law shall be passed to restrain or abridge the liberty of speech, or of the press. In all prosecutions or indictments for libel, the truth may be given in evidence to the jury, and if it appears* to the jury that the matter charged as libellous was true, and was published with good motives and for justifiable ends, the party shall be acquitted. *In the original text, the word is “appear”, see original Constitution, Art. I, §7”
(c.) Evidence supporting a violation of Iowa Rules of the Court 32:8.4(d.) – the City of Newton, IA City Attorney Matthew Brick executed premature judgment based on his unwarranted opinion of
the Complainant regarding alleged behavior that violated Iowa Code Chapter 708.7 while denying the Complainant access to liberties, public accommodations, and due process regarding the criminal acts he has accused the Complainant of committing.
The 5th Amendment to the Constitution of the United States of America states: “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”
Section 9 of Article 1 of the Constitution of the State of Iowa communicates: “Right of trial by jury — due process of law. The right of trial by jury shall remain inviolate; but the general assembly may authorize trial by a jury of a less number than twelve men in inferior courts; but no person shall be deprived of life, liberty, or property, without due process of law.”
Section 10 of Article 1 of the Constitution of the State of Iowa communicates: “Rights of persons accused. In all criminal prosecutions, and in cases involving the life, or liberty of an individual the accused shall have a right to a speedy and public trial by an impartial jury; to be informed of the accusation against him, to have a copy of the same when demanded; to be confronted with the witnesses against him; to have compulsory process for his witnesses; and, to have the assistance of counsel.”
Evidence supports the conclusion Matthew Brick has executed actions against the Complainant while denying access to liberties and public accommodations. At the same time, denying the Complainant access to due process regarding the criminal acts he has alleged against the Complainant while utilizing this allegation of a criminal act as the foundation for the actions he has executed.
(d.) Evidence supporting a violation of Iowa Rules of the Court 32:8.4(c.) – Matthew Brick communicates in paragraph 4 of correspondence dated 10 MAR 2022 in response to a request for Iowa Incident Reports produced by the City of Newton, IA, “There are certain records in response, specifically incident reports and call for service records mentioning the names in your request; however, peace officer investigative reports are exempt from public disclosure. See Iowa Code 22.7.”
Iowa Code Section 22.7(5.) states, “Peace officers’ investigative reports, privileged records or information specified in section 80G.2, and specific portions of electronic mail and telephone billing records of law enforcement agencies if that information is part of an ongoing investigation, except where disclosure is authorized elsewhere in this Code. However, the date, time, specific location, and immediate facts and circumstances surrounding a crime or incident shall not be kept confidential under this section, except in those unusual circumstances where
disclosure would plainly and seriously jeopardize an investigation or pose a clear and present danger to the safety of an individual. Specific portions of electronic mail and telephone billing records may only be kept confidential under this subsection if the length of time prescribed for commencement of prosecution or the finding of an indictment or information under the statute of limitations applicable to the crime that is under investigation has not expired.”
As a licensed and practicing attorney in the state of Iowa it would be reasonable to expect that City Attorney Matthew Brick has a competent understanding of sections of the Iowa Code that he is referencing in his correspondence. City of Newton, IA Attorney Matthew Brick’s documented communications pattern forms a reasonable conclusion that he strategically misrepresented Iowa Code Section 22.7 by representing it in a manner that provides a prejudicial benefit to his client while denying the Complainant access to public records in accordance with Iowa Code Chapter 22. At the same time, evidence the City of Newton, IA produced on 23 JUN 2022 shows they released the same form of record to a citizen of the opposite gender that lives in the same household as the Complainant in the City of Newton, IA.
The historical record of evidence in this case suggests this alleged public record release strategy executed by City of Newton, IA Attorney Matthew Brick against the Complainant accomplished withholding three years of records the City of Newton, IA has produced (known) that document numerous complaints the Complainant (male) has reported against a documented assailant (female) that violated an August 2019 temporary domestic abuse protection order that evidence indicates the City of Newton, IA took zero reasonable and adequate action to enforce or recognize while serving the assailant’s (female) temporary domestic abuse protection order against the Complainant. The City of Newton, IA has taken zero action regarding complaints supported by evidence of harassment and identity theft while evidence clearly shows that City of Newton, IA Attorney Matthew Brick withholds these records for the benefit of his client while utilizing a misrepresented form of Iowa Code Chapter 22.7. At the same time, evidence shows the City of Newton, IA currently releases to other citizens in accordance with Iowa Code Chapter 22 “Iowa Incident Reports” upon request. City of Newton, IA Attorney Matthew Brick acknowledges in his 10 MAR 2022 correspondence that “incident reports” are being requested but reshapes them into the protections provided investigative reports while providing evidence of the City of Newton, IA’s inconsistent use of Iowa Code Chapter 22.7 when compared to evidence of other releases of Iowa Incident Reports (23 JUN 2022) that provide “the date, time, specific location, and immediate facts and circumstances surrounding a crime or incident” that Iowa Code Chapter 22.7 referenced my Matthew Brick communicates cannot be withheld.
(e.) Evidence supporting a violation of Iowa Rules of the Court 32:3.4(a.) – Evidence indicates Matthew Brick has obstructed the Complainant’s access to public records (evidence) Iowa Code Chapter 22.7(5.) articulates the Complainant has lawful access. At the same time, the City of Newton, IA produced evidence on 23 JUN 2022 showing they released the same form of record, (Iowa Incident Reports) to another citizen of the opposite gender upon request as evidence shows they have previously released to the Complainant.
(f.) Evidence supporting a violation of Iowa Rules of the Court 32:8.4(c.) – Iowa Open Records Request – City of Newton, IA – #006 was electronically served to the City of Newton on 19 APR 2022 at 3:51 pm. In paragraph (1.)(a.), the City of Newton, IA was requested to provide an “Official portrait of Newton, IA Police Department Chief of Police Burdess.” City of Newton, IA Attorney Matthew Brick responded in correspondence dated 03 MAY 2022, “There are no official portraits or headshots of peace officers, so there are no documents responsive to this request.” On 27 MAY 2022 at 7:45 am, City of Newton, IA Attorney Matthew Brick verified having knowledge of the URL for the official City of Newton, IA website, official City of Newton, IA Facebook page, and official Newton, IA Police Department Facebook page. An official portrait of Chief Burdess is located here:
https://newtongov.org/527/Meet-the-Chief
City of Newton, IA Attorney Matthew Brick, communicates in response to paragraph 6 of the Complainant’s 20 JUL 2022 complaint against the City of Newton, IA, with the Iowa Public Information Board (22FC:0071), “The City states that there are a number of photographs of the Chief of Police available online but there is not an “official portrait” of the Chief or other officers.” City of Newton, IA Attorney Matthew Brick communicates in response to paragraph 7(f.) in his 05 AUG 2022 response to the Iowa Public Information Board, “As mentioned above, there is no “official portrait” of the Chief of Police.” It would be logical to conclude that if the City of Newton, IA titles its online website presence “Newton IA – Official Website | Official Website (newtongov.org),” all text, images, audio, video, and other available files residing or referenced on domain “newtongov.org” are official communications from the City of Newton, IA. If there is content on the City of Newton, IA’s official website that is not official as communicated by City Attorney Matthew Brick how is a citizen supposed to reasonably conclude which portions of the City of Newton, IA official website are official and unofficial? Is the city’s code on their official website not official as well?
Again City of Newton, IA Attorney Matthew Brick provides evidence that his legal representation of the City of Newton, IA offers a prejudicial advantage for his client while withholding records that are requested in accordance with Iowa Code Chapter 22. At the same time, City of Newton, IA Attorney Matthew Brick misrepresents facts supported by evidence (the existence of requested records) that are in locations he has acknowledged knowing.
(g.) Evidence supporting a violation of Iowa Rules of the Court 32:4.1(a.) – Iowa Open Records Request – City of Newton, IA – #006 was electronically served to the City of Newton on 19 APR 2022 at 3:51 pm. In paragraph (1.)(a.), the City of Newton, IA was requested to provide an “Official portrait of Newton, IA Police Department Chief of Police Burdess.” City of Newton, IA Attorney Matthew Brick responded in correspondence dated 03 MAY 2022, “There are no official portraits or headshots of peace officers, so there are no documents responsive to this request.” On 27 MAY 2022 at 7:45 am, City of Newton, IA Attorney Matthew Brick verified having knowledge of the URL for the official City of Newton, IA website, official City of Newton, IA Facebook page, and official Newton, IA Police Department Facebook page. An official portrait of Chief Burdess is located here:
https://newtongov.org/527/Meet-the-Chief
City of Newton, IA Attorney Matthew Brick, communicates in response to paragraph 6 of the Complainant’s 20 JUL 2022 complaint against the City of Newton, IA, with the Iowa Public Information Board (22FC:0071), “The City states that there are a number of photographs of the Chief of Police available online but there is not an “official portrait” of the Chief or other officers.” City of Newton, IA Attorney Matthew Brick communicates in response to paragraph 7(f.) in his 05 AUG 2022 response to the Iowa Public Information Board, “As mentioned above, there is no “official portrait” of the Chief of Police.” It would be logical to conclude that if the City of Newton, IA titles its online website presence “Newton IA – Official Website | Official Website (newtongov.org),” all text, images, audio, video, and other available files residing or referenced on domain “newtongov.org” are official communications from the City of Newton, IA. If there is content on the City of Newton, IA’s official website that is not official as communicated by City Attorney Matthew Brick how is a citizen supposed to reasonably conclude which portions of the City of Newton, IA official website are official and unofficial? Is the city’s code on their official website not official as well?
Again City of Newton, IA Attorney Matthew Brick provides evidence that his legal representation of the City of Newton, IA offers a prejudicial advantage for his client while withholding records that are requested in accordance with Iowa Code Chapter 22. At the same time, City of Newton, IA Attorney Matthew Brick misrepresents facts supported by evidence (the existence of requested records) that are in locations he has acknowledged knowing.
(h.) Evidence supporting a violation of Iowa Rules of the Court 32:4.4(a.) – City of Newton, IA Attorney Matthew Brick communicated on 08 SEP 2022, “I have no response to Mr. Merritt’s most recent defamatory screed; however, if IPIB would like the City to address any of the content, please let me know.”
The historical record of City of Newton, IA Attorney Matthew Brick’s correspondence with the Iowa Public Information Board and directly with the Complainant provides evidence of the use of criminal and civil allegations not supported by evidence and derogatory words (or groups of words forming a derogatory conclusion or point) that could be interpreted as a device deployed to build prejudice against the Complainant. At the same time, City of Newton, IA Attorney Matthew Brick possibly attempts to embarrass, burden, and produce additional trauma against a party that has endured numerous years of domestic abuse (psychological/emotional/verbal/false allegations of sexual abuse San Diego East County Superior Court documented on 16 SEP 2021 there is zero evidence to support/San Diego County Sheriff documented there is zero evidence to support these allegations of sexual abuse in separate investigations during the summer of 2017 and January 2020 while producing zero charges) as documented in public records (evidence), City of Newton, IA Attorney Matthew Brick currently withholds while deploying what evidence indicates is a misrepresented form of Iowa Code Chapter 22.7.
(i.) Evidence supporting a violation of Iowa Rules of the Court 32:8.4(c.) – City Attorney Matthew
Brick began accusing the Complainant of communications that were “defamatory” on 05 AUG 2022.
Section 7 of Article 1 of the Constitution of Iowa: “Liberty of speech and press. Every person may speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right. No law shall be passed to restrain or abridge the liberty of speech, or of the press. In all prosecutions or indictments for libel, the truth may be given in evidence to the jury, and if it appears* to the jury that the matter charged as libellous was true, and was published with good motives and for justifiable ends, the party shall be acquitted. *In the original text, the word is “appear”, see original Constitution, Art. I, §7”
Iowa Code Section 659.1: “In an action for slander or libel, it shall not be necessary to state any extrinsic facts for the purpose of showing the application to the plaintiff of any defamatory matter out of which the cause of action arose, or that the matter was used in a defamatory sense; but it shall be sufficient to state the defamatory sense in which such matter was used, and that the same was spoken or published concerning the plaintiff. [R60, §2928; C73, §2681; C97, §3592; C24, 27, 31, 35, 39, §12412; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §659.1]”
City of Newton, IA Attorney Matthew Brick’s communications present evidence of prejudice, including his allegations of harassment against the Complainant, because he is communicating an allegation that violates the Iowa Code that an Iowa Judge or Jury has not yet determined with a judgment in a court of law. At the same time, communicating these allegations with third parties while possibly producing prejudice against the Complainant with the Iowa Public Information Board case 22FC:0071 and other parties’ evidence indicates he is speaking these allegations.
As our state’s constitution articulates, Matthew Brick is not in a position, nor does he have the authority to represent the Complainant’s testimony as defamatory because he is not an Iowa Judge or Jury in an Iowa Court. At the same time, he has failed to present evidence or a civil case that would determine the merit of his allegations in a court of law.
City of Newton, IA Attorney Matthew Brick was respectfully requested to retract this allegation on 07 SEP 2022. City of Newton, IA Attorney Matthew Brick boldly continued persecuting the Complainant with this allegation based on zero evidence and no court judgment as of 08 SEP 2022.
3. Conclusion
It would be reasonable to conclude that the Complainant would not drive a black Trans Am on Iowa’s roads at a low speed in a world without posted speed limits. Just as it would be reasonable to conclude, this abortion of public records access could be attributed to the Iowa Legislature repealing Iowa Code Section 22.6 in 2011 Acts, ch 106, §16, 17.
Iowa Code Section 22.6 (2010): “Penalty. It shall be unlawful for any person to deny or refuse any citizen of Iowa any right under this chapter, or to cause any such right to be denied or refused. Any person knowingly violating or attempting to violate any provision of this chapter where no other penalty is provided shall be guilty of a simple misdemeanor. [C71, 73, 75, 77, 79, 81, §68A.6] C85, §22.6 Referred to in §8A.341, 22.10, 22.14, 455K.4 Penalty applicable to violations under §455K.4”
Evidence supports the conclusion that humanity will exist in a state similar to the “wild west” without the implication or possibility of prosecution. This paradigm is likely why the Complainant locks doors with glass windows in public.
A final complaint will be filed with the Iowa Attorney Disciplinary Board against the City of Newton, IA Attorney Matthew Brick upon the completion of Iowa Public Information Board case 22FC:0071, and the City of Newton, IA and its legal counsel providing public records (evidence) the Complainant will be providing to a civil rights attorney. Evidence, City of Newton, IA Attorney Matthew Brick has withheld since 10 MAR 2022 while utilizing Iowa Code Chapter
22.7. At the same time, evidence indicates the City of Newton, IA has continued issuing the same form of record to other citizens of the opposite gender upon request.
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
