JUSTICE FOR NURSE NDIAWAR DIOP victim of Bias, Conflict of Interest, Misconduct and Obstruction of Justice in Riverside County Superior Court.




JUSTICE FOR NURSE NDIAWAR DIOP

Suspicion of Corruption, Bias, Conflict of Interest, Misconduct and Obstruction of Justice in Riverside County Superior Court. 

Is Nurse Ndiawar Diop victim of Conflict of Interest by Judges Timothy John Hollenhorst, Assistant District Attorney Blaine Hopp and Associate Justice Art W. McKinster? 

NDIAWAR DIOP was a nurse working for California Department of Corrections and Rehabilitations – CDCR – CIM (California Institution for Men) in Chino for 12 Years as a Prison Nurse. He has been living in the United States for 19 Years now and has never been in trouble, not even a Traffic Ticket. 

On JUNE 4TH, 2013, Nurse Ndiawar Diop was assaulted and stabbed on his Right Index Finger in CIM (California Institution for Men in Chino) by a white serial criminal serving Life Sentence, inmate George Philpott, after he finished injecting himself with the Syringe Pen containing the insulin Lantus and then told him “You’re just gonna have Hep C, not Malaria like in Africa”. 

Research shows inmate GEORGE PHILPOTT has been terrorizing the prison staffs (Medical staffs and Custody staffs) for a long time with lots of Rule Violations reports, and many Write ups for not following Prison Protocols. 

After the inmate George Philpott was neutralized and handcuffed by the Correctional Officers on Duty Marc Escarcega, Nurse Diop was then sent to the Medical Unit for treatment. After months of treatments, screening and blood works because HIV AIDS, HEP C and others blood-borne diseases are most common in prison, Nurse Diop returned to works free of any infections.  

Then in October 18th, 2017, after Four (4) years and Four (4) months, a special agent named Kevin Oden, from California Department of Corrections & Rehabilitations (Office of Internal Affairs) showed up at his work at 4 Am to inform him about a Criminal investigation for the incident of June 4th, 2013 involving Inmate George Philpott CDC# AL9559, and then accusing Nurse Diop for Worker Compensation Fraud because the Inmate denied assaulting him and that  his supervisor SRN Joy Uche wrote in the note “Employee accidentally poked his Right index finger with a dirty needle” and that document form doesn’t have any name on it (it will be attached here). Nurse Diop denies the allegations. 

On January 12th, 2018, Nurse Diop was arrested by Special Agent Kevin Oden after showing him an ARREST WARRANT with the Date of the Incident moved forward for 1 year ( From June 4th, 20213 to June 4th, 2014). Nurse Diop was held and required to pay a Bail for $30,000 but was afterward released on O.R. (Own Recognizance) the same day by a Riverside Judge  with CASE # RIF1705383

*Why was the Warrant requested by Special Agent KEVIN ODEN filled with a falsified date of the incident (from 6/4/2013 TO 6/4/2014) ?
*Was he falsifying the Incident Date to avoid the case to fall on STATUTE OF LIMITATIONS?

Anyhow Diop denies the allegations and pled not guilty to all the charges at the Riverside Court.

It’s at TRIAL of May 21st, 2020 that Nurse Diop believes presidingJudge Hon. Timothy J. Hollenhorst willfully and maliciously deprived him the right to defend himself by granting a Motion of Elimination at the D.A Blaine Hopp’s request which made Nurse Diop not to use the overwhelming criminal record of inmate George Philpott and also to forbid him from calling all the staffs from California Institution of Men who wrote Disciplinary Reports about the white serial criminal. The Motion granted by Judge Timothy j. Hollenhorst later made it difficult for Nurse Diop to build a line of defense. Nurse Ndiawar Diop believes those testimonies from Correctional Officers would have shown the Negative and Aggressive interactions of inmate George Philpott with all Yard C staffs altogether.

Public Record shows that Hon. Judge Timothy J. Hollenhorst worked 14 Years as a Deputy District Attorney in Riverside with D.A Blaine Hopp before he was later appointed by Governor Jerry Brown on July 23rd 2018 to fill a vacancy created by the retirement of Judge James A. Cox. 

Was Judge Timothy J. Hollenhorst making it easy for his Ex coworker D.A Blaine Hopp? 

The Due Process was not guaranteed in this particular case as it outrageous, arbitrary, capricious, biased and vindictive decision have violated it; and throughout the Trial, far more than Obstruction of Justice and Prejudices were noticed, Nurse Diop said. This raised a kind of suspicion of corruption toward the Riverside County Superior Court System.

1- Correctional Officer Marc Escarcega, who was present during the incident, presented testimony that was consistent with Nurse Diop and Nurse Tabot’s versions of what transpired. However, after the court took a short recess, Officer Marc Escarcega conferred with the Assistant District Attorney Blaine Hopp and designated investigator Kevin Oden and completely recanted his testimony and stated that his original testimony, although consistent with Nurse Ndiawar Diop and Nurse Tabot’s versions, was incorrect.  Nurse Ndiawar Diop believes that Officer Marc Escarcega was probably under pressure to change his testimony.

How could a judge in a Court of Law allow a Sworn Officer Under Oath changes his testimony minutes after telling an original version consistent with the defendant and main witness’s versions?

ATTACHED TESTIMONY From Trial Transcript of Officer Marc Escarcega who was the medical security officer at the CIM, Facility C. 

Question from D.A Blaine Hopp: And on June 4, 2013, do you know who was working behind that particular door? 

Answer from Officer Escarcega: Yes, I do.
Question from D.A Blaine Hopp: Who was working behind that particular door?
Answer from Officer Escarcega: That particular door would be LVN Diop.
Question from D.A Blaine Hopp: The defendant?
Answer from Officer Escarcega: Yes.
Question from D.A Blaine Hopp: And prior to June 4, 2013, had the defendant ever made you aware of any problems that he had had or was having with an inmate? 

Answer from Officer Escarcega:   Not that I’m aware of.

Question from D.A Blaine Hopp: All right. How about on that day, June 4, 2013, did the defendant make you aware of him having a problem with an inmate? 

Answer from Officer Escarcega: The only time I had — I knew that there was a problem because of an alarm that was set. 

Question from D.A Blaine Hopp: Okay. And when you say I became aware of a problem because of an alarm that was set, what type of alarm are you talking about? 

Answer from Officer Escarcega:  It’s a personal alarm that all the non-sworn peace officer staff have. Medical would have it as well, personal alarm. 

Question from D.A Blaine Hopp: And what does this alarm do? 

Answer from Officer Escarcega:  It activates an alarm set by whoever is working, or that person. And it sounds alarm at a distinctive place, saying there’s some type of trouble or issue that needs to be tended to by security. 

Question from D.A Blaine Hopp: Okay. As you sit here today, on June 4, 2013, did an alarm get activated? 

Answer from Officer Escarcega: Yes, it did.

Question from D.A Blaine Hopp: Do you know who activated it?

Answer from Officer Escarcega: Yes, I do.

Question from D.A Blaine Hopp: Who activated it?

Answer from Officer Escarcega: LVN Diop.

Question from D.A Blaine Hopp: And how do you know that? Did he tell you?

Answer from Officer Escarcega: Yes, he did.

Question from D.A Blaine Hopp: Did he tell you why he activated it?

 nswer from Officer Escarcega: Yes, he did.

Question from D.A Blaine Hopp: What did the defendant tell you?

Answer from Officer Escarcega: That he had — that he got — he had an assault — or poked by a needle, a diabetic needle, in the pill line. 

Question from D.A Blaine Hopp: I’m sorry, he got what?

Answer from Officer Escarcega: He got poked. Or he got — he had — he got assaulted. He claimed he got assaulted. He got poked by a diabetic needle during administering his diabetic needles in the pill line. 

Question from D.A Blaine Hopp:  He told you this?

Answer from Officer Escarcega:   Yes.

Question from D.A Blaine Hopp:  So as a result of him telling you that he got assaulted during a needle exchange with an inmate —

Answer from Officer Escarcega: Yes.

Question from D.A Blaine Hopp:  — did he identify the inmate to you? 

Answer from Officer Escarcega: Yes, he did.

Question from D.A Blaine Hopp:  Did he do that that day, on June 4, 2013?

Answer from Officer Escarcega: Yes, he did.

Question from D.A Blaine Hopp:  Who was the inmate?

Answer from Officer Escarcega: Inmate was Inmate Philpott.

Question from D.A Blaine Hopp:  What, if anything, did you do to the inmate?

Answer from Officer Escarcega: I questioned the inmate to ask him what happened. And then, in response, the inmate said, “I didn’t do anything.” He put — excuse me.

Question from D.A Blaine Hopp:  So you questioned the inmate?
Answer from Officer Escarcega: Yes, I did.
Question from D.A Blaine Hopp:  Did you see the exchange occur prior to the alarm going off?
Answer from Officer Escarcega: No, I didn’t.
Question from D.A Blaine Hopp:  Okay. As you sit here today, you remember turning to the inmate after speaking to the defendant?
Answer from Officer Escarcega: Well, it was kind of like a spontaneous event. So I guess when the incident occurred and the alarm went off, the inmate immediately said, “I didn’t do anything. I didn’t do anything.” I then proceed to go into that area where the pill line was where LVN Diop was and asked him what happened. He said, “I got poked. I got assaulted.” 

Question from D.A Blaine Hopp: So “I got a poke”?
Answer from Officer Escarcega: “I got poked. I got assaulted.” 

Question from D.A Blaine Hopp: “I got poked. I got assaulted”?

Answer from Officer Escarcega:  That’s correct.

Question from D.A Blaine Hopp: As a result — and you already heard the inmate say, “I didn’t do anything. I didn’t do anything”?
Answer from Officer Escarcega: That’s correct.
Question from D.A Blaine Hopp: What did you do with — once the defendant told you that he had been assaulted?
Answer from Officer Escarcega: At that point, I instructed the inmate to turn around, and placed restraints behind him and waited for security to  arrive. And then, he was then escorted to one of the holding tanks up in the administration building.
Question from D.A Blaine Hopp: So you cuffed him up?

Answer from Officer Escarcega: Yes. 

Question from D.A Blaine Hopp: And you escorted him away? 

Answer from Officer Escarcega: Security responded once the alarm came. I was first — I was first on-site responder. As when he’s being questioned, additional security arrived at the scene. And we were able to — at that point, I applied my handcuffs on him. And they were able to escort him to the front of our administration building. I had to stay back because I still had to continue my job working the line, the pill line. 

Question from D.A Blaine Hopp: For the other LVNs; is that correct?
Answer from Officer Escarcega: That’s correct.

Please Read the following Trial Transcript from Nurse Tabot testimony:

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On Page 9, 12, 13, 14 and 15 From Trial Transcript of Nurse Tabot, who was inside the Med Room when the incident happened said in court during trial: “Based on my memory, I observe an angry inmate disrespecting Mr. Diop. And Mr. Diop, you know, was doing the med and to get the insulin.


Question BY Attorney Zulu ALI: Okay. When you say he got poked, how did he get poked?
Answer by Nurse Tabot: He went to grab the needle and he forced it into his hands.
Question by BY Attorney Zulu ALI:  “Okay. And where was the inmate standing?
Answer by Nurse A. Tabot: “The inmate was standing outside.”
Question BY Attorney Zulu ALI Okay. And based upon — from your opinion, do you believe that the inmate did it intentionally? Or do you think he did it accidentally?
Answer by Nurse A. Tabot: If I’m given the opportunity to make — to make an expression, to give an opinion of what happened, based on the inmate’s action, what happened before and during, if I’m giving the opportunity to say, I would say intentional.
Question BY Attorney Zulu ALI: Okay. Why do you believe it was intentional?
Answer by Nurse A. Tabot: The inmate came and was having a, you know, argument with Mr. Diop.”

Then Nurse Armstrong Tabot told the Court that Deputy District Attorney Blaine Hopp emailed him before he came to testify to remind him to say that the “Incident was an accident” and the court did nothing about it. 

Here is the conversation From Trial Transcript of Nurse Tabot (attached):

Question BY D.A Blaine HOPP: In preparation for your testimony here today, did you review any reports with regard to your prior statements?
Answer of Nurse A. Tabot: No. I reviewed only what was sent to me.
Question BY D.A Blaine HOPP: You reviewed what?
Answer of Nurse A. Tabot: What you sent to me via email. 

Question BY D.A Blaine HOPP: You’re specifically referring to — did you review a report? Or a recording? 

Answer of Nurse A. Tabot: I reviewed an e-mail you sent to me reminding me that I should said it was an accident. “

Please Read Trial Transcript of Nurse Tabot (Pages 27, 28, 29, 30, 31, 32, 33, and 34) (attached)

…………….

2- At some point during TRIAL, there has been communication between the CDCR investigator special agent Kevin Oden and the members of the Jury outside the presence of the Judge Timothy J. Hollenhorst and it was repeated many times throughout the Trial whenever Judge Timothy Hollenhorst, Attorney Zulu Ali (Defense Attorney) and D.A Blaine Hopp went Sidebar (Proceedings held outside the presence of the jury), CDCR investigator Kevin Oden would start throwing Jokes talking with the Jury in presence of The Bailiff Deputy Robert Powe. After Discovery, Defense Attorney ZULU ALI introduced A Motion for a NEW TRIAL, denied by Judge Timothy J. Hollenhorst even though Court Bailiff Robert Powe and Investigator Kevin Oden both acknowledged through separate Statements that they indeed communicated with the Jury by just making Jokes and comments but they have never talked about the case. What the Court erred was that the communication between Kevin Oden and Members of the Jury had created Overfamiliarity which constitutes a Prejudice for the Defense Team as it happened many times during the course of the Trial.

Nurse Ndiawar Diop claimed that he was denied a FAIR TRIAL by Judge Timothy John Hollenhorst; and at some point during TRIAL, Judge Timothy John Hollenhorst in front of the white dominant Jury, threatened to have his Attorney ZULU ALI (a Black lawyer) tased by the deputy for approaching a witness to lay foundation for an exhibit without saying “Your Honor, May I approach the Witness”. 

ATTACHED FROM TRANSCRIPT WHEN MY ATTORNEY WAS THREATENED TO BE TAZED (attached)

……………

MR. ALI: I’m sorry, Your Honor, can I approach the witness? 

JUDGE TIMOTHY J. HOLLENHORST: You almost got tased. 

MR. ALI: I know.

(You can find this statements in Trial Transcript of Nurse Tabot (Page 19) (attached)

……………

Nurse Diop strongly believes the Judge’s statement had racial overtones, which was consistent throughout the trial.

Attorney ZULU ALI appealed the Caseat the Court of Appeal Fourth Appellate District, Division Two in California on 9/27/2019 with Case # E073789

On March 3rd, 2021, Attorney Zulu Ali was given 15 minutes to make his Oral Argument in a Video-Conference Meeting before Three (3) Associate Justices. Then on March 8th, 2021, an Opinion was given on the case E07378 written by HON. McKINSTER, ART W

“All the contentions made were rejected and the Judgment from the Trial Presiding Judge Timothy J. Hollenhorst was Affirmed by Hon. Art W. McKinster and participants (Slough, Marsh and Raphael, Michael J)

Upon a quick Online Research about the Associate Justice Art W. McKinster (who gave the Opinion and rejected the appeal), we found out some public informations and links:

1- Art McKinster is a judge for the 4th District Division 2 of the California Court of Appeal.
He assumed office on December 27, 1990 and his current term ends on January 6, 2031.

This is the same place where the Trial Judge Timothy J. Hollenhorst’s father (Hon. Thomas E. Hollenhorst) worked to his retirement in August 2017, according to the research. It means that Associate Justice Art McKinster and Associate Justice Thomas Hollenhorst worked together for 27 years.

  • What would any normal person think this case was his? 
  • How could a Judge denied an Appeal with one of the main complaints was about a member of the Prosecution Team communicating with some members of the Jury  and the Bailiff Robert Powe and Investigator Kevin Oden acknowledged in separate written statement talking to the members of the Jury ?

The Appeal Opinion said “Special Agent Kevin Oden declared that neither he nor the prosecutor spoke with any juror outside the courtroom. Inside the courtroom, he admitted that when the judge and counsel went into chambers, “jokes and comments were made by the bailiff and jurors.” Bailiff Deputy Powe said he recalled one occasion when agent Oden “made comments to [him] as [he] was speaking with the jurors.“  

We were instructed not to talk to the Jury and the Defense Attorney’s Team followed the instructions but the Prosecution Team didn’t.

  2- We also find a PETITION TO Remove Justice Art W. McKinster From The Bench. The PETITION accused Associate Justice McKinster of engaging in a ruthless, unlawful scheme to Obstruct Justice, to discriminate against an entire class of people and victims including small business owners, People of Color, LGBT, and single parents. Below is the Link (attached):

https://www.change.org/p/california-state-senate-remove-justices-douglas-p-miller-art-w-mckinster-from-the-bench

  • What would any normal person do or think after discovering this? 
  • Anyone would think that there is a possibility of Corruption, Bias, Obstruction of Justice, Prejudices and a willful and malicious deprivation of Rights. 

*Armstrong Tabot, the other nurse who was present at the time of the assault was called by the Prosecutor Blaine Hopp to testify but was later dropped from the list. Nurse Tabot later said that he was cornered in a conference room to say the incident was ACCIDENTAL which he refused to say. He was later fired by CDCR (CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATIONS) – CIW (California Institution for Women) for refusing to give a false testimony. He was fired because he refused to play their dirty game.

Nurse Ndiawar Diop is a law abiding citizen who continues to fight this case to the Supreme Court as all the accusations made were based on his Supervisor SRN Joy Uche from CDCR – CIM California Institution for Men in Chino and P.A Mark Harvey from US HealthWorks; and they both said Nurse Diop told them that he hurts himself, however there is No audio recording nor a written statement showing literally that Nurse Diop said he hurts himself. The both put words in his mouth.

Now Nurse Diop has lost his job, his income, his retirement that he worked hard for all these years (12 years in total) with the State Prison CDCR; and he is ordered by JUDGE TIMOTHY J. HOLLENHORST to make financial restitution i the amount of $97,164 WITH 10% INTEREST. As of today that amount reaches over $121,000. Nurse Ndiawar Diop is married and father of Three (3) children.

Justice was not served and this case wasn’t sorted properly; we should work tirelessly to bring light into it as it has been for so long in the hands of colleagues, ex colleagues and acquaintances.

Help is needed from everyone who believes in Fairness, Impartiality and the application of the Rule of Law equally. 

Please sign the petition requisiting Justice for Nurse Ndiawar Diop and Share it. 

THANK YOU SO MUCH.