J. B.

Laymen Notes re witness rebuttal overview:

In current day 4 out of 9 of Jeff's witness have left their rental rooms on my street and 2 of the 4 have also left the relationship and area completely.  Another bully friend not in this witness list also left street & relationship.

Carin Broughton (now Jeff's ex-girl friend named in Order) left and moved from the area.

Matt Smith (now Nulifar's ex husband) left and moved from the area.

Tyler Gaffaney -(I'm not sure relationship status with Jeff &/or Nulifar) moved off the street.  John Busdy - (I'm not sure relationship status with Jeff &/or Nulifar) moved off the street.

 

Different case but Jeff's bully buddy & neighbor of Nulifar- John Michael McDermott -

 (I'm not sure relationship status with Jeff &/or Nulifar) but he also now moved off the street; making him the 5th to move away from the bully buddy gang Jeff Funk assembled..

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Jeffrey's actions have intentionally made me uncomfortable in my own living environment that he had knowledge how I lived and enjoyed it as a sanctuary, 

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After seeing Carin Broughton’s (Jeff’s girlfriend of the time, listed on the TDR, absent at every hearing, did not sign the Order, left Jeff before the end of 2013) listed on Jeff’s Notice of New Hearing and Order on Reissuance[1] during our October 10th Hearing but she was not present at any of the Hearings nor did any of her statements have anything to do with the incident where Jeff swung his fist at me.  As one of Jeff’s witnesses were there at the event Jeff swung his fist at me.  Jeff’s witness statements seemed to be coached by someone seeking revenge and should never have been allowed as part of his filing. They were stories sewn together to make me look bad and none of them amounted to little more than libelous nonsense. Their statements reported their biased view of unrelated incidents and were full of information just begging correction.  The problem is, I didn’t get a chance to offer correction to these statements because Commissioner Bahrke made her Order on October 31, 2014—the very day of the trial. This was also the same day I submitted my Exhibits that I’d spent the previous three weeks compiling. In an obviously unfair ruling, Barhke gave his witness statements court admission, without allowing me to defend myself through reply to witness statements. All of my other Exhibits were allowed to be submitted in the court and thank goodness I was meticulous enough to address my points relative to the comments &/or witness in the other related Exhibit’s, so I knew enough information would be over lapped, to cover most all bases.  This was imperative to me, since I have had experience with commissioner Bahrke’s Rulings being unjust at best. No doubt she was still harboring resentment against my finding out about her bad rulings on earlier cases and winning the appeal cases contesting her rulings, as she ruled against me again by denying this basic right due any defendant.  She took no time to read or reply to my Exhibits, did not allow my reply to witness statements,  them into court and said they would be destroyed within thirty days, less than the time required for an appeal which is 60 days. And the fact was, she had plenty of time to take these into consideration, as her rulings and one order (that I got a copy of and the only one that was stamped 11/14/14 and that was in the court file for approx a year until my aggressor researched for the missing order, which then at that time was produced but with a stamped dated of 10/31/14 (date of the trial) but he other documents that were in the file) weren’t stamped until two weeks later—on November 14th-17th.

Wasn’t Bahrke at the beginning upgrading the restraining order I had against Jeff and then retracting it enough? No, she had then ruled in his favor, allowing his restraining order against me and leaving me feeling violated, unprotected and uncertain about my legal record. Not even a mutual Order to both stay away? What had begun as a simple maneuver to keep Jeff from physically threatening me had turned into another legal mess, with her unprofessional actions on public display from both of them. This is exactly the type of unethical behavior I have experienced before in Bahrke’s court). Jeff a sleep technician (up any & all hours)and Trilla an acting judge.  Where was I supposed to get the energy to deal with this? Hadn’t I already gone through absolute hell with the Tahoe City Court system? How would this affect my ability to adopt? And if I could what is our safety going to feel like- these are some of my biggest concerns.

Had my Exhibit been allowed, it would have been less paperwork to show it was clear that Jeff was set on more revenge than I had imagined him capable of. To thoroughly tell my story, I felt compelled to go through all the witnesses Jeff had submit statements, line by line and reply on his restraining order and explain what I would have explained to the court, because I was certain that there was unjust business in Bahrke’s court and one day this information would be paramount to show and had they done the right thing and allow my rebuttal. I have been desperate for a competent mind to hear me and help me legally address my concerns, even the reason I sent a text message, and was ok for all of this to be examined more closely; I was a rock bottom with an aggressor still coming, so that was a way to start showing the signs of invisible abuse.  And now for Jeff Funk’s witnesses:

 

 

 

 

The “witnesses” included the following:

1. Ryan Simpson, our mutual friend

2. Graham Vilkin, Jeff’s close friend

3. Morgan Vilkin, Graham’s wife

4. Jeffrey Lauer, a longtime acquaintance, lives on my street

5. John Busby, a friend of Jeff’s and neighbor I’ve never met, lives with Tyler Gaffeney

6. Tyler Gaffaney, a friend of Jeff’s and neighbor I’ve never met, lives with John Busby

7. Carin Broughton, Jeff’s girlfriend at the time, no longer lives in the area

8. Nilufar Smith, Jeff’s friend from Hawaii who moved to my street in 2014

9. Mathew Smith, Nilufar’s ex-husband, {to my knowledge they are no longer together.} 

 

In the following pages, In layman’s terms I will explain why none of these witness’s declarations should have been allowed. Plus I illustrate how unethical it was for Commissioner Bahrke to not allow my rebuttal. Even more ridiculous than these obviously prodded statements as padding to Jeff’s lies is the fact that when he filed the order against me, he asked Judge Ross if he could still come to my neighbor’s house. I was in awe as I listened to Jeff ask such a question and relieved at the Judge’s response, in the court room.   The idea that Jeff thought it okay to insist I was nowhere close to him while asking to be back on my street, shows just how out of touch with reality he really was.  {also that Bahrke was to later condone.}

By the time I actually took legal action against Jeff, he had been out of my cabin for three years but not out of my life, as he’d promised. I was frankly distraught after thinking Jeff was gone from my life at first but, and then worse than a bad penny, he kept showing up and the rude and odd behavior has increased rather than subsided.

 

 

Hidden in the middle of the stack was Ryan Simpson’s witness statement, which provided the first witness declaration to boost up the flimsy character of Jeff’s restraining order. And I think this was only because I had named Ryan in my TDR and Jeff wanted to conquer any plausible avenues he had to cancel my ways to show my side of the story &/or support system.    Ryan’s declaration discusses only one event, the Guitarfish Festival of early August, 2014 –vs- all of Jeff’s other witnesses have nothing to do with any current &/or related situations.  My restraining order against Jeff was concerning his actions just days after that camp event, when he swung his fist at me on the street in front of my house.  Please see the Request for Protective Order asked the applicant that you also write about the most recent harmful event prior that the alleged aggressor caused.  Regarding the TDR’s Ryan had prior knowledge to both Jeff & myself, he also knew what had happened at the the festival, not the events surrounding.

To address the statements in Ryan’s declaration, I’ll start at the beginning where he said Jeff asked me to leave his camp. No, Jeff actually screamed at me, “Get out of my camp!” Like a spoiled child Jeff comes another example of how outrageous Jeff Funk is, It is not exclusively his camp (as if he is the proprietor and I was trespassing) but I did leave, with my aerial girls. There were four of us, not two or three as Ryan imagined.

Jeff insisted I leave and as Ryan noted, would not let go of the issue, even when Ryan asked that I be allowed to stay. This clearly indicates the level of Jeff’s ongoing irrational hostility. And Ryan is correct in pointing out that Jeff and I didn’t come within five feet of each other. Every time Jeff came toward me with his angry face and swinging arms, I was careful to move out of his way, to maintain distance between us.  Jeff advanced and I retreated to avoid his wrath.

Jeff wasn’t spewing nasty words but what he was saying was even worse. Telling people around us how he’d called the police on me and half-truths of any nature. What he wouldn’t confess to however, was the fact he’d also called them off, knowing how slanderous and over the top his actions had been. I left the campsite five minutes after arriving and yes, I was upset.

Though not directly relevant to my rebuttal of Ryan’s declaration, I would like it noted that Ryan and I have been acquainted since we were young kids, growing up on the North Shore. It was only after college that Ryan met Jeff and while they’ve been friends, they’ve also had their own run-ins, with Ryan being badly betrayed by Jeff. The fistfight they had while on a snow-making crew at Alpine was nothing compared to the time Jeff left Ryan in a jail cell in Mexico.

Like Ryan, I’m also sorry it’s come to this but I can’t agree with his assessment that Jeff and I are both good people. If that were true, there would be no need for me to defend myself against him.

 

The witness declaration Graham Vilkin wrote clearly shows how Jeff continuously and electively came to the street I live and work on just to party with his friends. He had no sincere ethical business there  just another party (Graham’s birthday party but not at Graham’s house).  The event of May 18th, 2014 there was an altercation between Jeff and I.  I was parked outside of my home, minding my own business, I looked both ways and was ready to pull out of my space to leave on some errands when Jeff’s car launched up my hill the entrance/exit of my residential street and just missed me. He was speeding and nearly hit me. I live at the gateway of the street as it loops. I wanted to understand where and why my aggressor is going in my neighborhood. I was in the parking space and starting to make route prior to Jeff arriving, I did not speed around any corner nor block Jeff’s access as he stated in paragraph three of his “Why I Do Not Agree” statement in his filing. Jeff did not wave, nor did I “flip him off.” There were no other cars involved and therefore, no honking. Concerned about his mere presence on our quiet street, I turned around to investigate where Jeff was going. I did not block the road but calmly got out of my car to talk to him.  Jeffrey Lauer  was present but even though they were at the rental home of Tyler Gaffaney and John Busby, but according to their statements was a different day or neither of them were there because according to Jeff Funk this took place April 28. Not only where dates and addresses wrong Jeff and is witnesses also had the other simple facts wrong like what was said and done the time lapses, who was there, one says the daughter and other the son and so on; my rightful concern is if they can not even keep the simple facts straight nor the full story, so how was I or the court to trust any of their information is accurate!   I still to this day have not met, or spoken to few of the unrelated witnesses Jeff sidetracked this case with; therefore with all said above the witness statements are plane incorrect and very suspicious to me.  The witness statements are simply filler material from Jeff to try to ruin my character credibility and add to his bully buddies.

This altercation and what Graham states happened another time has nothing to do with the reason I filed the restraining order against Jeff. This is another obvious ploy to detract from the issue at hand, but regardless, I will address Graham’s declaration. The neighbor he refers to is Jeffrey Lauer had years of prior knowledge and I did express my concerns to him. I was upset that Jeff Funk and his friends had invaded my life again and let them know. I did not however, tell him he had “a black soul” and would go to hell for talking to Jeff. This nonsense doesn’t appear in Jeffrey Lauer’s declaration, so it is obviously fabricated.

I walked to my car to get my phone to take photos to record Jeff’s vehicle: time, date, location and start taking notes of the problems with Jeff Funk.  Jeff was at Holly’s old house (the party house), it is at the end of the street (or at the bend of the loop- about 5 min walk (approx 15 houses away.  What ever comes into the neighborhood must pass by my house on the way in and on the way out, therefore Jeff would have gone by my home minimal of two times (and that was two too many for me).  For Graham to write in his declaration that he thought I might have a weapon is libelous and ridiculous. Graham should have his head examined! I don’t own a weapon, no one has ever seen me with one and there is absolutely no reason why anyone would have considered that possibility at the time. And where does this supposed fact line up with any of the other witness statements in the actions that I supposedly did while at 290 Park Lane?  I can only imagine that Jeff coached Graham to write this after the fact, as they are best friends. Graham and his wife Morgan have been to my house and they know better than to come up with that themselves.

The other completely unrelated incident occurred after Jeff moved out. He left some clothes and his motorcycle at my house and Jeff was too cowardly to come get them himself so he sent Graham. Graham was an awkward mess and an accident waiting to happen as he wobbled the bike from side to side while trying his best to no not drop it and drive away; which was the best comedy show I’ve seen in years. And his ridiculous comments about tennis balls, really I thought to myself what a joke his literature became and besides this proves to me he is way out of touch because tennis balls were a hot commodity with Brew dog (Jeff dog’s legally but my animal in the heart & soul) I would never have thought to throw his toy’ nor would I think of it, want to for my own reasons, I have shoulder soreness for years, I do not play tennis, have tennis balls nor have a dog. I’m not sure why the motorcycle was still there but I gave Graham the clothes and went back in the house. There is nothing more to add about Graham except that he backed up Jeff’s lies when we were living together and I’m not surprised he would do it again.

 

A couple hours later, still upset, I sent texts to Morgan Vilkin (Grahams wife) and Carin Broughton (Jeff girl friend of the time).  I asked her if she knew what Graham and Jeff were up to.  Morgan displays a spineless display of actions as seen in her witness declaration[2] she wanted to stay out of it.  It was a plea from me to wield some information and influence to get the bullying to stop. It was a civil request to communicate but the texts were ignored or answered with notes of copping out by saying they did not want to be involved. And as Morgan said, we had always been friendly.  Leaving the last commentary as to show there has never been any issues with me and she, as a wife can not stand up to her husband and best friend “the bullies” under any circumstance.  And another interesting note is the witness statements to me all seem to either coached and or written by Jeff Funk himself, please see in the headers of legal documents his hand writing and specifically the letter Nn; then see Morgan Vilkin’s letter Nn, comparison- then see other witness documents.  Also for interest in Jeff’s Court documents it listed him as preparing the papers then later it listed he had legal aid.

 

I’d known Jeffrey Lauer as a friendly neighbor for several years before he got to know me as part of a couple. After the time Jeff moved out, Jeffrey Lauer became aware of the tumultuous nature of our relationship. On several occasions, he expressed to me how he was sorry for how I’d been treated. Lauer had even rented their closest friend and his family my guest cabin.

Jeffrey Lauer had knowledge of the difficulty Mr. Funk created by having Carin living on the street at Holly’s house had caused me as he, his wife and child lived next door to her. That was the house where Tyler Gaffeney moved, who became another one of Jeff Funk’s newer friends. Another friend equated to another reason to be on my street which equated to more abuse from Jeff and more trouble for me. And this socializing that Jeff Funk does 99.9% of the time go hand in hand with intoxication.

The mere fact Jeffrey Lauer became embroiled in the May 18th altercation was very interesting because Mr. Lauer was so quick to align himself with Mr. Funk and jump to conclusions it became apparent how ignorant he must be to not conceive there may be more to the story than what meets the eye. There was a start to this altercation with Mr. Funk and myself that started outside of my residence moments prior as Jeff Funk entered the neighborhood (see Graham Vilkin, Jeff Funk and my witness statements). 

Lauer’s lack of neighbor awareness and courtesy saddened me but did not greatly surprise me as he and Jeff Funk had become friends through marijuana deals.  And thru the years I knew Mr. Funk saw Mr. Lauer to be a dork but Mr. Lauer was always thrilled at the attention Funk gave him.

In his witness declaration[3] Lauer stated to what never amounted to more than a verbal argument, Jeffrey Lauer made some confusing remarks (and the basic facts did not line up with the other witness statements, such as date, what happened, sex of child, etc..).  Jeff Funk impressed commissioner Bahrke with multiple, one-sided statements regarding something that was not that important to our case shows how far he will go to cause me distress and malign my good name in the community.

Contrary to the statement made by Graham Vilkin about Jeff being blocked at the entrance of the street, Jeffrey Lauer stated that Jeff was parked in Tyler’s driveway next door.  Lauer’s statement that I got out of my car and questioned him about how he could be friends with Jeff however, is true. I wondered that then as I wonder it now. But other than that what he stated in his declaration, everything else was exaggerated.  When you read Graham Vilkin’s statement you can easily read he made things up to make it sound like more happened that day than actually took place.  Therefore Jeffrey Lauer’s witness statement is misleading because he has and or gives only partial information not the full story. 

More recently, Jeffrey Lauer initiated and took on the position of Head Organizer for our Neighborhood Watch committee. and he claims he volunteers for the Bear League.  It is not directly related to the story not sure if it’s important, except I found it interesting Jeffrey Lauer tries so hard he is even on the radio (* the local radio is an interesting side note- remember it mentioned in other topics: Funk music (5o’clock Funk hour), Shannon Bahrke (Olympic skier),  Jeffrey Lauer (who made the radio too/not sure how or why) but they peoples names need to be addressed in all light- not just glory; Polly Ryan (is even on the advertisement- she is a good voice to hear.))  promoting himself as a reliable, community, person you can go to when in need.  However, I found he is a sham.  Basically, Lauer is a liar because he does not support his neighbors (even when obvious there has been ongoing problems) also to simply log the situation for my other neighbors & community members what’s going on & who with.  Lastly, is Lauer in current day is acting 180 degrees different than the prior years of our acquaintance and neighborly mannerisms but oddly is now supporting the bully and is rude to me now and is tremendously uncomfortable for me every time he drives to/from anywhere passing by my home each time he goes by.  I want to let him see his name in print and how his naive actions are actually hurtful to the innocent and in need neighbor.} 

 

Had the court bothered to read these witness statements, they would have noted a few glaring errors. The most notable is that but John Busby and Tyler Gaffeney were not on Park Lane the day of April 28th as Jeff Funks statement but rather May 18th, barbequing on their porch or otherwise. If they had been, John would have seen Jeffrey Lauer standing outside with his son, not a daughter which he doesn’t have as he claimed to have seen along with all the other details of the dates in question. Either Jeff didn’t coach him well or John didn’t listen.  John also said I drove at a high rate of speed and came to a screeching halt in front of his house. Please note* After nearly being hit by Jeff at the entrance of the street, I did not even now where Jeff Funk went, so I drove to around the block to find where Mr. Funk went, therefore I was not speeding as this is a neighborhood and further more I was looking deep at every house & driveway.

Tyler was also not present at the date Jeff wrote, or as Tyler’s date was wrong as his witness declaration stated.[4] Plus had either one of these guys been there, they would have been named any other witness or participant in the other witness reports. But that didn’t happen because they weren’t there. 

While Jeff Funk and I had an altercation at the entrance/exit (outside of my home) of the street when he almost slammed into me with his Jeep, he and Graham Vilkin concocted the rest of the story and coached padded and/or false testimony out of both John and Tyler.

 

Carin witness statement [5] starts off in a confusing in fact the entire first paragraph makes no sense.  To clarify, Carin and I saw each other for the first time in July 2012 at HighSierra Music festival in July 2012.

I met Carin Broughton in 2012 when Jeff moved her to a room for rent in a house on my street.  This is the first proof I start to collect that Jeff is threatening me, example he threatens to get a restraining order on me for taking my routine walk around my neighborhood loop as I have done for near 20 years and when I pass in front of his new girlfriend, Carin’s house he will have me arrested for trespassing, etc.. This was written about in an earlier chapter. Here was a girl, new to town, who when she found out there might be conflict with living close by an old girlfriend of Jeff’s, went along as if she was unable to make an intelligent decision on her own. This pattern established itself early. Later, I found out that she either lived in Columbine, Colorado or somewhere very close to Columbine. For this reason, I imagined she would understand how horrific incidents can leave their mark on a place and people. I imagined her understanding of small communities and their need to heal would give her some insight into the peace I needed at my home and in my life. I’d explained this to her not long after we met but she was under the influence of Jeff and I believe it colored her view of what I’d gone through with him, as well as what I’d gone through earlier.

In 2013 Jeff moved Carin off of Park Lane and into a house with him in Kings Beach, CA. Where I later learned that he was moving out of the area to possibly San Diego,   I texted him and asked if the was still on Loch Levon?  Jeff said he was not going to renew his lease… months later I accidently stumbled upon his residence (Fox & Loch Levon) while I was driving the thru way street of Fox (as I have near my whole life), all the while this could have been prevented had Jeff Funk not lied.}

Carin attended the 2014 Guitarfish Festival with Jeff and of course, we saw each other there. We had no communication at the 2014 event. High Sierra is large Guitarfish is tiny. – above is re High Sierra & the next part of this paragraph is about Guitarfish}.

Jeff’s influence played a big part in her life and I believe, in the writing of that confusing declaration. Carin stated that she told me I wasn’t welcome at her camp However, Carin and I did not have dialog.   And when Jeff  his abusive language and threats towards me at our own festival Guitarfish in the following years, it was Brent Dana, the festival’s founder and director who asked me to stay.

The second paragraph {Carin was referring to High Sierra.} indicates how easily directed Carin actually was, and not just by Jeff. She was new in town and admitted that “two different people” told her not to worry about me because I was “crazy”. Why put hearsay and slander into a witness declaration except to show how willing you were to accept whatever you were told? Where does she indicate her ability to think for herself? My bringing forward the restraining order against Jeff was from the threat of physical harm and ongoing bullying and harassment.  Jeff was very careful to do this when there was no audience and that specifically included Carin.  Carin and I had friendly, considerate communication as long as Jeff was not an influence but she remained ignorant as to the extent her boyfriend was willing to go to, in order to make me miserable. She’d admitted to recognizing inappropriate behavior from Jeff but stayed with him, choosing to ignore what she saw. I hoped that by her hearing his outlandish words at the 2014 Festivals, she would see his true character and understand the dynamic, but she did not for the first many years. For this initial reason, I would discredit her statement. The second reason I would discredit it has to do with how irrelevant it is. Carin’s negligence with her dog has nothing to do with any of this and I’m surprised she’d stain her own reputation by even mentioning them. My mother was with me at the 2014 Festival, cooking in our outdoor kitchen when Carin’s dog wandered into our camp. Where was Carin? If I couldn’t keep track of my pets, I wouldn’t broadcast the fact (and her profession is a veterinarian assistant).

The 2013 incident of Jeff calling the sheriff ended with him calling them back and explaining he’d been mistaken. And the one and only reason commissioner Bahrke found me deserving of a Restraining Order be put on me, (but not my aggressor). My being at their house that night could have been prevented by Jeff Funk, had he not lied to me in 2013 regarding his place of residence, and this innocent was an accident and coincidence. This supposed “break in” has also been written about in another chapter and is totally inconsequential to Carin’s statement. Nothing was damaged or stolen and the entire episode was over in less than a half an hour. Certainly nothing worthy of a police report took place.

As I read her statement about not pursuing a restraining order against me due to financial constraints, I actually laughed. It is free to file these in California and if Jeff and/or Carin had actually researched this when he first started his idol yet intimidating threats in 2012, they would have known that.  Instead, Jeff rather have continued to threaten me with one but since I was absolutely no danger to either Jeff or Carin, he waited until I had filed a TDR two years later on him before retaliating. And again, that is the point I want to continue making. Jeff Funk’s suit against me is full of vengeful, bullying tactics. Jeff Funk himself could have prevented and or ended much duress. I believe Jeff enjoys the chaos that surrounds him.  Jeff’s arrogantly coached his friends into providing statements that have nothing to do with his own reason why he even filed. But Carin is the one who really fell under his sway and it comes out loud and clear in her confused attempt to state an opinion.  Carin has since left Jeff and moved out of town. She was not present at any of the Hearings or subsequent Trials and did not sign any papers.

Nilufar and Matt Smith, just like Carin Broughton, were new to town and were helped to move into a house on my street by Jeff Funk. They both knew there could be an issue with this and they both chose to not care. This is discussed more in my refutation of the statements made by Nilufar and Matt Smith.

 

In the middle of July, 2014, Nilufar Smith and her husband moved into the lower unit at 205 Park Lane, and of course, this only gave Jeff more reason to be out on the street, staring up at my house at his leisure any hours of the day and night.  John Michael McDermott moved in upstairs and was completely sidetracking then and now plus to my dismay McDermott was also found later to have a prior record with the law in two neighboring counties, thus making this a very tumultuous house to be neighbors with. At the beginning months I would confuse Matt Smith and Mike (as he liked to be called) McDermott, I did not know them nor care but as time went on I have been updated.  Nilufar’s witness statement[6] in support of Jeff’s filing a restraining order against me said they’d been friends with Jeff since Oahu, ten years earlier and in fact, Nilufar wrote that she considered Jeff to be one of “her closest friends.” Jeff and I were in Oahu and not only did I never meet her, I’d never even heard her name mentioned until she moved to my street. And if she was so close to Jeff, wouldn’t he have told her what had happened to me at my home and how important that sanctuary was to me? So either he didn’t tell her because he didn’t care or he did tell her and she didn’t care. In either case, once again, I drew the short straw where basic human decency was concerned. And if, as her statement claims, he warned her about moving in because I’d been “harassing him for the last couple of years,” why would she do it? Why would she create another reason for her close friend Jeff Funk to have to be upset by me? None of this makes sense and is full of contradictions.

 

She claims to have told Jeff in her statement that they notified him where they lived, only after signing the lease. Again, if they were such good friends, wouldn’t it have been natural that they tell him about the place they’d found before finalizing the deal?  Like the earlier situation with Carin, he did nothing to stop them, invite them to other places such as his own home and who knows if it was him who even found the place for them? Her witness statement, like that of his other friends, makes it sound like I was some sort of nuisance but like the others we never met in person and all her coaching came from Jeff.

Nulifar said I screamed at Jeff to leave while he was sitting on their deck, which btw is facing the lake away from their house. This would not have been possible because he would have been out of sight (on the other side of the fence and house), as noted on her husband Matt Smith’s witness statement[7]. Matt also claims he heard me yell at Jeff in the street and take photos of him helping them move. I agree I was upset that Jeff was back, that his friends were moving in and wanted him to know but there was no yelling. Any photos that were taken were to show Jeff’s proximity to me and/or my house.  Jeff instituted a restraining order against me but how was I to defend my own territory now against him?

Nulifar also said she had a hard time hosting people at their house because they’d heard I was nearby and would harass them. “Hosting people.” Yes, she was doing plenty of that. Nilufar is one wild party gal and majority of those people she hosts are there to buy drugs from her. They come to her place [she’s still living there?] at all hours to buy cocaine and marijuana and create loud noises with their cars and trucks on what she liked to refer to as “the quiet little street.” Several times, they’ve missed her house and shown up at mine, looking around outside which can get upsetting to me because I wasn’t expecting company and I do not need uninvited looky lue’s especially of Nulifar Smith and Jeff Funk’s character around me, my home and/or my place of business.  I lived here long before even knowing Jeff, it was a quiet little street but since then it’s been nothing but his noise and problems McDermott drives a large white truck and sat in the street many times revving the engine and also adding to the noise level.  Nulifar’s husband Matt moved out around the time Jeff and Carin broke up and moved away but this did nothing to curtail Jeff’s frequency of visits; it actually increased them.  Three years later (in recent day) McDermott finally moved, lessening the vehicle noise tremendously.  It may have even heightened his frequency, as Nilufar seemed all too willing to fill the friendship vacancy position with Jeff Funk. And Jeff seemed to enjoy provoking me as he visited Nulifar, who is his newest most frequented friend who just happens to live right outside of every one of my view facing windows and feet away from my property line. 

Jeff, Carin and Nulifar wrote in their statements said they would be installing a camera and security system for their peace of mind.  Or maybe she wanted to film the bears going through her garbage. No one of a smart mind puts their trash out before it’s being picked up and on numerous occasions they had theirs scattered all over the road. It seems Nilufar attracted wildlife of every dangerous type she could; not jus the disco but the garbage outside of Nulifar’s house was a neighborhood concern for months, the bear league and police were even called. So, whether Jeff and or any of his witness ever installed cameras, none of them have seen an/or reported me at their house and or harassing anyone, yet Jeff is near me and my house almost daily, he is the one who is initiating the where abouts, the problem at hand and then finally a call for police to further harm me.

Also Nulifar just wanted to entertain, therefore her agenda is admitted to be social –vs- real living and or business needs, More so, in this socializing is usually followed with intoxication, therefore posing another potentially dangerous situation, which is having an aggressor under any the influence of any substance while near my home any time day or night.  Therefore Nulifar aids and abets intoxication, the users that go with that and specifically an aggressor Jeff Funk. 

The other neighbors further up the street looks down on and sees the garbage. This is not what we signed on for when we bought here, this is not the scenic corridor we invested in. The long time neighbors are very aware of the problems, the newer ones are oblivious to what’s going on in their neighborhood and really only have skiing, monopolizing on Tahoe and/or recruiting their friends to the area on their mind.

Nulifar Smith and Michael John McDermott, who were complete strangers to me move in across from me, Jeff manipulated them into bullying me. It got so crazy that McDermott thought he would file his own restraining order on me based on– kid napping his dog (the PDA’s – potentially deadly animal at that, while 3 people where home too he tried to claim. Can you stand it?!-   Anyway I in disbelief had to laugh and say there is no kid involved so isn’t what he’s going for called dog napping?}] and when the police came.  In my opinion they were trying to create a phone trail and/or diversion that they needed police assistance and immediately after he served me with a TDR (temp restraining order- until heard by a judge).} ] Myself and my neighbor who is an attorney overheard Nulifar tell the police they (as in Jeff and herself) thought I was bipolar. This comment from Nulifar however has, no basis and is a recorded slanderous accusation. What I am, is fed up and really sick of this abuse. McDermott eventually made such a nuisance of himself I had to have a private investigator look into his background.  McDermott had legal trouble in El Dorado and Washoe County for his dogs; they were termed PDA’s- potentially deadly (or dangerous) animals. And those animals were very disturbing, loud barking, deep scary bark from behind broken fence boards, muzzles when McDermott walked them, obnoxiously bark when McDermott put them in the back of his white truck- they barked nonstop into or at the air even.

Nulifar’s statements about what happened at Guitarfish is also a lie as I never even saw her there. It makes me furious that I am still having to put up with this.  Perhaps the most ridiculous, misleading and insulting statement Nilufar Smith made is at the end of her statement where she states my intrusion has put a damper on the joy of her living on Park Lane. I’ve been a homeowner there for twenty years but have taken the joy out of her experience?! The coaching Jeff provided Nilufar in writing this horrendous declaration should be obvious to anyone reading it and determined to not be worth the paper it is written on.

How was Jeff’s case allowed into court and why was I not given an opportunity to counter it?

I came to the Court seeing help.  Commissioner Bahrke could have helped me to prevent more trouble from happening with Mr. Funk but she did not and she allowed these obvious fabricated statements into court. I know her to be an unethical judge, she proved it again to me for not accepting my rebuttals.

Jeff Funk too could have prevented and stopped these elective domestic problems. After giving me so much reason not to trust him, Jeff was now asking me to believe that all his maneuvering was completely innocent.  Jeff’s period of pre-legal harassment had lasted longer than our entire romance and I wonder if the end will ever be in sight.

 

[1] DV-116: See Appendix E

[2] DV-120; See Appendix H

[3] DV-120; See Appendix J

[4] DV-120; See Appendix L

[5] DV-120; See Appendix N

[6] DV-120; See Appendix N

[7] DV-120; Seen Appendix P