Open Letter to Riverside County District Attorney Mike Hestrin: Nurse Ndiawar Diop case RIF1705383 was prosecuted based on Falsified Documents, BIAS, Conflict of interest…




Good morning Mike Hestrin, I know your time is valuable as you’re busy making sure our community is safe and in order.  However I wanted to make sure you are aware of a Prosecution that I was subjected to based on FALSIFIED DOCUMENTATION just to have your ASSISTANT BLAINE HOPP go after me and I will include all the paperwork and information from PROSECUTION to TRIAL with JUDGE TIMOTHY HOLLENHORST possible MISCONDUCTS,  BIAS AND CONFLICT OF INTEREST. 

The following information of my personal character statement is just an attempt to correct the portrayal made of me by my previous employer California Department of Corrections, the Riverside District Attorney and the Court regarding accusations of Workers Compensation Fraud after I was assaulted by an inmate in prison while conducting my duty as a nurse. Hopefully the information that I humbly sharing with you, Honorable Mike Hestrin, will weigh heavy in consideration for the truth to come to light about this Criminal Case RIF1705383 (TRIAL) and Case E073789 (Appeal)

My name is Ndiawar Diop. I was born in Dakar, Senegal, West Africa 43 years ago, attended Cheikh Anta Diop University studying Political Science and Jurisprudence at the Faculty of Jurisprudence and Political Science. Upon completing my studies, I then moved to Italy as a Track and Field Athlete for CUS Torino (Centro Universitario E Sportivo Di Torino) until an opportunity of a lifetime presented itself to me to continue my education and my athletic career in America. I then moved to Central Arizona College, my first time coming to the U.S.A in January 2002. I then moved to California and attended RCC (Riverside Community College) where I was able to to excel in 400 meters hurdles, 110 meters Hurdles and became 3 times Southern California Champion before I finally graduate with a B.A (U.C.R University of California Riverside) in Languages (French, Italian and Spanish) with an interest in becoming an attorney because of my Political Science background. 

Since living in California with my wife (who left her native Italy to follow me in America) and 3 children, I have always respected the Law and have never been in any trouble. With God Help I was able to build a great reputation and good relationship with everyone I met and have never hesitated to offer my assistance to those in need however possible. I have always been an upright character to my family and my immediate community by participating in voluntarily in several activities such as:

  • Offering Free French, Italian Tutoring in RCC and UCR
  • Hosting and fostering newborn babies through Riverside’s California Children Services which was an opportunity for us to help a demographic of infants who are often neglected, or forgotten. We opened our home to facilitate a nurturing environment,  to aid with the care for their special needs with nothing but sincere love with pure intentions.
  • Voluntarily help young athletes and runners with advice and techniques to excel in sport at UCR …etc…

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

On JUNE 4TH, 2013, I, Ndiawar Diop, was assaulted and stabbed on my 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 staff (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 EscarcegaI was then sent to the Medical Unit for treatment. After months of treatments, screening and blood work because HIV AIDS, HEP C and other blood-borne diseases are most common in prison, returned to work 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 me for Worker Compensation Fraud because the Inmate denied assaulting me and that my supervisor SRN Joy Uche wrote in the note “Employee accidentally poked his Right index finger with a dirty needle” and that document doesn’t even have my name on it. I then denied the allegations. 

On January 12th, 2018, I was arrested by Special Agent Kevin Oden after showing me an ARREST WARRANT with the Date of the Incident moved forward for 1 year ( From June 4th, 20213 to June 4th, 2014)(the document will be attached to this letter) I 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 I denied the allegations and pled not guilty to all the charges at the Riverside Court as I know I am an Innoncent man being accused just because CIM doesn’t want to take responsabilities.

The following misconducts, Conflict of Interest, Bias are as follows and I will add additional documents to show Judge Timothy John Hollenhorst possible prejudice throughout the trial. Please forgive me for this many documentations but it’s for the interest of our nation as there is the more likeliness to prosecute minorities (Non White person in General) because it’s an easy conviction. 

1- Hon. Timothy J. Hollenhorst threatened to have my lawyer Zulu Ali TASED by the deputy for approaching a witness to lay the foundation for an exhibit because he forgot to say “Your Honor, May I approach the Witness”. ATTACHED FROM TRANSCRIPT WHEN MY ATTORNEY WAS THREATENED TO BE TAZED

……………
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)

2- On my Trial day of May 21st, 2019, I believe Judge Hon. Timothy J. Hollenhorst willfully and maliciously deprived him the right to defend myself by granting a Motion of Elimination at the D.A Blaine Hopp’s request which made me not able to use the overwhelming criminal record of inmate George Philpott and also to forbid the defense from calling all the staffs from California Institution of Men who wrote Disciplinary Reports about the inmate. The Motion granted by Judge Timothy j. Hollenhorst later made it difficult for my lawyer to build a line of defense. I believe 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 he making it easy for his Ex-colleague to win this case without sweat?

3- Correctional Officer Marc Escarcega, who was present during the time I was assaulted by Inmate George Philpott, presented testimony that was consistent with my version 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 was allowed by Judge Timothy John Hollenhorst to completely change his testimony and stated that his original testimony, although consistent with mine and Nurse Tabot’s versions, was incorrect. 
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?

4- At some point during TRIAL, there has been communication between the CDCR investigator special agent Kevin Oden (Prosecution Desk) 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. Judge Timothy Hollenhorst said he believes what his bailiff told him that they were not talking about the case then neglected the incident.

Attached an e-mail your ASSISTANT District Attorney Blaine Hopp sent to the STAR WITNESS hours before his testimony to the Court and it’s believed he tried to coach him to say the Assault by the inmate was an accident.  Was it witness tempered?

Now I have lost my job, my income, my retirement that I worked hard for all these years (12 years in total) with the State Prison CDCR; and I am 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. I am under Direct Supervision right now by Riverside Probation Officers after spending 18 months in Riverside County Jail.

Justice was not served and this case wasn’t sorted properly; I need help 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 you as you believe in Fairness, Impartiality and the application of the Rule of Law equally. 

I thank you so very much for the actions you and your team have been taking so far to protect our community and the most vulnerable among us. 

I also want to thank you for the dedication you have to improving our Systems of Justice. I will always continue to support you and your team to safeguard the lives of those most vulnerable in our society and who are held in Correctional Facilities across the State of California  and the U.S.A because of Errors/Abuse of Power/Poor Justice Assistance as their lives matter.

Thank You for Your Attention, 

Respectfully, 

                                                              License Nurse Ndiawar Diop




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