09/12/2024
Dear Mr. Kuykendall,
I hope you are well.
As I have been absorbed in a Civil Lawsuit and now an appeal as a pro se litigant, I recently came across the FOIA information you sent—material I hadn’t had a chance to thoroughly read until now. I started writing a response regarding the investigation, but I find it impossible to fully express everything I need to say. What I need to say is infinite, which is why I’m writing a book. Ultimately, it feels futile to respond to you, Mr. Ward, or anyone in law enforcement, because it seems that no matter what I say, it doesn't matter. The law doesn’t care, and there is no logic in how law enforcement operates.
There is also a profound lack of compassion toward citizens—toward a nurse like me who, for being truthful, has become a scapegoat. I’ve been transparent about taking a single puff of ma*****na while camping in my vehicle, but every truth I’ve shared has been weaponized against me. I probably wouldn’t even be under scrutiny from the Board of Nursing if I hadn’t followed the rules and turned myself in, which opened the door to a bogus investigation over a harmless act that had no impact on my nursing abilities, as I’m sure you understand.
Since I wasn’t driving, drunk, or high at the time of my arrest, I wasn’t, by definition, “driving while intoxicated.” Yet, my conviction rested solely on "key proximity," which amounts to the totality of my so-called crime. No one was harmed—except me, of course—but who cares? I’ve been victimized by a thoroughly corrupt system that continues to use the "alleged crime" against me, even though I have already paid the price for my crime. But mostly, I have paid an extremely high price for my attempts to do the right thing.
The real problem is not my single puff of ma*****na; the real issue lies in the false perceptions about both ma*****na and the way law enforcement operates. People assume that law enforcement behaves lawfully, but I am here to say, "No Sir, they do not." In Heber Springs, Arkansas, law enforcement acts more like a RICO organization, by definition. The law only serves and protects itself, often to the point of tyranny, while leaving citizens like me at their mercy.
Law enforcement, including officers like Eric J. Moore, hides behind the color of law while engaging in blatantly fraudulent behavior. In my case, they’ve committed crimes such as obstruction of justice, cover-ups, falsifying evidence, withholding exculpatory materials, and perjury—all in the name of securing a wrongful conviction against me. They continue committing crimes to protect one another, standing by lies, when the evidence they refuse to see in court, contradicts their lies. It’s remarkable to observe how law enforcement will go to such lengths to ensure they never have to face their own criminality.
In reviewing the FOIA materials, I discovered a letter from 2023 to which I was apparently supposed to respond but never received. Therefore, I hope you understand why I did not reply.
Moreover, you wrote in your report that I pled not guilty to all charges, but this is incorrect. At my arraignment, Judge Wright changed all my pleas to "not guilty" without explanation. This judicial action has since brought my word into question during your investigation and my civil lawsuit. In reality, I pled guilty to possession of a controlled substance, paraphernalia, and refusal of a chemical test, but I pled not guilty to DWI and loitering, because neither charge is true by definition.
For the last two years, I’ve spent my time trying to clear up misconceptions, lies, and falsehoods, but it seems like an endless battle. I’ve tried to correct the record, but it feels like nothing I say matters to law enforcement or the Board of Nursing. Despite this, I’m determined to share the evidence I’ve gathered that proves multiple crimes were committed against me by the very system that falsely arrested and convicted me. Most of all, via pure deception, law enforcement has skillfully perpetuated fraud, and it is of no use for me to hide this factual allegation.
Therefore, I want to share with you, as well as with various legal organizations and the media, several examples of video evidence I have compiled. Due to time constraints, this is only a portion of the work I have undertaken to uncover the full extent of the deceptions, and my efforts have just begun.
The first is a video I created using a portion of the falsified bodycam files provided to me by the Heber Springs Police Department. This segment is taken from one of the three parts of the bodycam footage they sent, demonstrating a full police reenactment of the events of my arrest. This video will also demonstrate conspiracy, the falsification bodycam evidence, multiple constitutional violations (although many have been deleted) and the obstructions of justice that continue to this day.
https://youtu.be/L8fZzcKX9gA?si=haK8N_pNRsVAiVqt
My FALSIFIED BODYCAM Video; Part 1.
Sincerely,
Kathleen Ann Harber
Dear Mr. Kuykendall,
I hope you are well.
Since I have been absorbed in a Civil Lawsuit and now an appeal as a pro se litigant, I came across the FOYA information you sent, that I hadn't had a chance to actually read. I started writing a response regarding the investigation materials, but I find it impossible to fully express everything I feel the need to say. Because what I need to say is infinite, and that is why I'm writing a book. Ultimately, it seems futile to respond to you, or Mr. Ward, or anyone in law enforcement, because no matter what I say, it matters not. The law doesn't care and there is no logic to be found in way law enforcement thinks.
Moreover, what I feel the need to say doesn't matter to the Board of Nursing, or my past employers of 17 years, or to any potential employers I apply to. Now that I have a criminal conviction, I cannot even seem to secure a minimum wage job. Therefore I wish to congratulated the efforts of one corrupt officer for his nearly complete destruction of a citizen's life.
I have only told the truth about taking a single puff of ma*****na while camping in my vehicle. Overall, it seems I have been too honest about my usage of ma*****na over time. Therefore, everything I say has only been used against me. I probably wouldn't even be under scrutiny with the board of nursing if I didn't do the right thing, follow the rules, and turn myself in. Which then opens up a bogus investigation, from a harmless act that has no effect whatsoever on my nursing abilities, as I'm sure you understand.
Since I was not driving or drunk or high during my arrest, then by definition, I was not "driving while intoxicated."
My conviction was based on "key proximity." That's the total of my criminal offense. No one on earth was harmed-except for me of course, but who cares about that? I was only victimized by a thouroughly corrupt system. And I have paid an extreme price for being harmless, truthful, and trying to do the right thing.
It's just me, a victim of the law enforcement fraud that I am alleging; as well being as a scapegoat to the system. Beyond the above, the problem is in other people's false and archaic perceptions about ma*****na and of those may smoke, even occasionally. The problem you see, is not within the puff of w**d itself.
Now I must reframe where I believe the real problem lies. The real problem rests in the false perceptions people often hold, when they believe that law enforcement behaves "lawfully." Indeed, they do not. I am here to tell you and others, there is nothing fair and just about the behavior of law enforcement. From my observation, the law behaves criminally towards the citizens. They discriminate towards the people and they strive to only serve and protect their own, to the extent of tyranny.
I do not know about the rest of the country; but I do allege that in Heber Springs, Arkansas, law enforcement would seem like a RICO organization. Only by definition.
I realize that the law cares not to focus on their own criminal behavior. Officials continuously remind me that I took a puff of w**d, and was subsequently convicted. A crime which I have already paid for in full. Yet by that puff, the law justifys their hundred or so, crimes against me. Crimes, of obstructions, and cover-ups and falsified evidence false documents, withholding evidence and perjury that persist to this day. Law enforcement will continue to commit crimes to level that I challenge them. This is a remarkable phenomenon.
And the conflicts of interest abound. You all know one another and stand by each other, to the degree that the law comes to perceive it's citizens as less than human. We are to be less trustworthy than any of those who can and will create false convicts out of false arrests.
What this is actually about is a well orchestrated and fraudulent system.
Law enforcement can easily sacrifice a nurse for an officer's word, even if the officer (Eric J. Moore) happens to be a compulsive liar. As long as he's a cop the truth does not matter. Because I am not operating under the color of law, it's perfectly fine that they victimize me. Anything goes except the truth they will never admit, as this is not their nature. Neither is compassion.
Anyway there's a letter in the FOYA material, that it seems I was supposed to respond to in 2023, and I never received that letter.
Also there is one more clarification I will offer you now. You wrote in your report that I pled not guilty to all charges, and that is incorrect. At my arraignment, Judge Wright said, "I'm going to change all your pleas to "not guilty," but he did not explain his reasoning. This action by His Honor has brought my word into question in your investigation, as well as with the defence attorneys from my Civil Procedure.
I pled guilty to possession of a controlled substance and paraphernalia and refusal of the chemical test. I pled not guilty to a DWI and loitering because once again, neither one is true by definition.
Beyond that, I could clarify your investigation for days, but that is all I ever seem to do, for the last 2 years, all I do is attempt to clear up falsehoods and misconceptions. This is why a task such as replying to the ASBN's investigation is infinite and why I cannot seem to summarize what I'm trying to explain.
It doesn't matter what the law or the ASBN decides anymore. I'm going to share my evidence of some of the multiple crimes committed against me by the law. Since they have effectivly secured both my false arrest and an unlawful conviction. Most of all through pure deception, law enforcement has successfully and skillfully perpetuated fraud. The law remains undaunted in their fraudulent ways.
Dear Mr. Kuykendall,
Since I have been absorbed in a Civil Lawsuit and now an appeal as a pro se litigant, I came across the FOYA information you sent, that I hadn't had a chance to actually read. I started writing a response regarding the investigation materials, but I find it impossible to fully express everything I feel the need to say. Because what I need to say is infinite, and that is why I'm writing a book. Ultimately, it seems futile to respond to you, or Mr. Ward, or anyone in law enforcement, because no matter what I say, it matters not. The law doesn't care and there is no logic to be found in way law enforcement thinks.
Most of all, there exists a profound lack of compassion towards a citizens and a nurse, by anyone under the color of law.
I have been truthful about taking a single puff of ma*****na while camping in my vehicle, but every truth I have shared has been used against me. I probably wouldn’t be facing scrutiny from the Board of Nursing if I hadn’t followed the rules and turned myself in, which led to a bogus investigation over a harmless act that has no effect on my nursing abilities—as I’m sure you understand. Since I wasn’t driving, drunk, or high at the time of my arrest, I wasn’t, by definition, “driving while intoxicated.” My conviction was based solely on "key proximity," which was the extent of my so-called crime. No one was harmed—except me, but who cares? I was victimized by a thoroughly corrupt law enforcement system, and I’ve paid an excessive price for being truthful.
I am a scapegoat, as the law like to reflect on my my crime while ignoring the infinity of their own crimes and felonies against the citizens.
My crime is due to false perceptions about ma*****na and those who use it. But the real problem is how false perceptions abound, that the law operates justly.
I can assure you that the law itself is criminal, vastly more so than me.
It’s clear that no one in law enforcement cares about anything I have to say. You all know each other and stand by one another. Even the AG is representing the defendants an egregious imbalance of power against me, while hiding the crime of law enforcement in Heber Springs Arkansas.
It seems that sacrificing a nurse based on the word of a compulsive liar, who happens to be a police officer named Eric Moore, in law enforcement is perfectly acceptable.
Additionally, I found a letter in the FOIA materials that I apparently needed to respond to in 2023, but I never received it. At this point, it no longer matters what the law or the ASBN decides. I’m going to share the evidence I have of the massive felonies committed against me by law enforcement in order to secure my wrongful conviction.
Dear Mr. Kuykendall,
Good Day Sir, I hope you're doing well.
Because I have been overcome with massive amounts of paperwork vastly related to undoing deceptions posed against for greater than a year, as a pro se defendant, plaintiff and currently appellate, at this stage, I had not had a chance to fully view the documents you sent. I viewed them more closely today. Although I'm not required, expected or even wanted to respond to the investigation that I initiated yet from practically ever segment I read, in the report I definitely would have a response if anything I ever said mattered to law enforcement.
So I have a few points I would like to clarify, and if you will please include them with my case against my nursing license.
Facts:
Law enforcement defends their own even with uncountable crime and felonies against a citizen for the sake of an officer who I allege is a compulsive liar.
2. Nurses too will often sabotage their own for the word of any police officer. No one is inclined to believe a nurse over an officer. Although they must know that false arrests do occur.
3. That I took one puff of ma*****na is not in dispute.
Driving while intoxicated is in dispute. Since I pulled over for my safety and the safety of others.
3. The Board of Nursing may be too conservative an entity to side with a nurse who's crime was a single puff of Ma*****na.
4. I was not employed at the time and felt free of constraints and concern, even though a government entity had not approve my usage at that time.
5. I had not worked during Covid, and the year prior since I was traveling throughout 5 countries.
6. Ma*****na itself has never caused an issue of any kind in my life.
7. Other people's perception of ma*****na is the entire problem that I personally have ever encountered.
8. Ma*****na is decriminalized federally but remains a criminal offense in Arkansas.
9. Ma*****na and Alcohol are very different their effects on the body.
10. Field Sobriety Tests are unreliable indicators of Ma*****na intoxication, regardless of potency and form taken.
11. The chemical test cannot possibly reveal level of intoxication since ma*****na stay in your system for days or weeks.
12. There is currently no widely used drug testing method to determine one's level of intoxication.
13. Basically, if you are accused of DWI/ma*****na you will be found guilty whether you submit to urine testing or not.
5. I have always been an advocate for the full legalization of Ma*****na.
6. Ma*****na has multiple benefits that have currently come to light.
7. I now have my 2nd medical ma*****na card although I haven't used yet to purchase anything with THC.
8. I am absolutely opposed to driving while intoxicated or impaired by anything.
9 Being impaired by blurry vision (allergy eyes), dizziness and right ear pain, clogged eustachian tube, I legally decided to camp out for the night in Heber Springs.
I did this for the protection of myself, other drivers and wildlife.
My son's written testimony, denied in court will vouch for my standing against driving while intoxicated or impaired.
As well as Dr's. note also not recognized at my trial for evidence of dizziness rendering me unable to pass the stand on one leg field sobriety test.
6. You don't need to look far into my past to find that although for the most part, I have been able to control my dependency on Ma*****na, I would still engage at various times throughout my life.
7. My written history submitted to the ASBN also verifies sporadic use.
In 17 years altogether as an RN at Homebound Medical in Mountain Home, Arkansas, I have effectivly been able to surpass my dependency enough to past pre-employment drug testing and all random drug test.
During one year, 1999, I was given 3 consecutive drug tests by my employer, since Ronda Hauck mother of Billy Newman, is the same person who had reported me and my son to Network of Community Options, 22 years later for the exact same alleged crime.
In all four urine tests given, to me as demanded by the same Ronda Hauck the results were all negative for drugs and ma*****na for myself and 22 years larer for myself and my son.
Throughout everything I have been as open as possible about my usage.
Mrs. Hauck had vast addictions of her own, not exactly relevant here but beyond comprehension, as well as Munchausers Biproxy Syndrome, which I believe she has had throughout all the years I have known her. Ms. Hauck passed away last year.
I Kathleen Ann Harber took one puff of ma*****na. A victimless crime, with no intention of driving for hours.
Law enforcement on the other hand has committed multiple felonies and constitutional violations that are too vast in their numbers to count.
Law enforcement has practically repeated the same crimes and violations. I alleged in my Civil Procedure. Once again far to many to count. But well over 100 serious crimes were conspired and committed against me to this present day in order to ensure and protect the arresting officer's DWI charge.
At my arraignment I pled "not guilty" to DWI and Loitering.
I pled guilty to possession of a controlled substance, and paraphernalia and I pled guilty to failure to submit to the chemical test (urine) testing, in Cleburne County District Court.
His Honor Judge Lance Write for inexplicable reasons said, "Im just going to change all of these to not guilty."
The above is important because both the Arkansas State Board of Nursing and the defendants attorneys have name the above claim against me.
At my conviction Judge Wright dropped my loitering and possession of paraphernalia charges and upheld my DWI and possession of a controlled substance charges. He didn't specify what his ruling was on the failure to submit.
I don't recall seeing documentation on the charges that were dropped.q
I believe I failed to mention the above point in my long list of reasons for an unfair, and biased trial
Within Officer Moore's short police report there are 48 lies. And one noted mistake I made, about counting out loud during the one leg stand. Officer Moore was given allowance to lie in court by Judge Wright. Officer Moore was not sworn in but I was sworn in. My document called Contesting the Police Report was thrown out along with my evidence of police tampering, and my pre-trial video blog explaining that I was too fearful to drive with allergy eyes and dizzy spells every and clogged right eustachian.
His Honor would not allow 4/5 of my presentation and he would not allow my only defense possible, that would be to question the arresting officer's credibility. Also, whenever I did bring up in court any of the officer's lies, in conduct during the arrest and in his police report, Judge Wright would intervene and say, It's alright if there are discrepancies in the police report, because the police report was not sworn in under oath. He repremanded me twice and both the DA and the judge defendanted the officer's perjury and false documents.
