Request for case report and information

Good evening, Detective Tuchfarber.

First, I'd like to thank you for taking the time to speak with me 
earlier today.

As suggested, I have scanned some documents to support some of my 
statements.  Rather than emailing them to you, I've uploaded them to my 
company web site because some of them are quite large.  Mostly, it's the 
attached exhibits - I try not to make claims against anyone if I don't 
have supporting evidence so any claims I've made against Desiree are 
only those which I was able to prove with exhibits/evidence.


The first document:
http://www.desireecapuano.org/documents/2011-11-08-email.pdf
is an email thread between Desiree and me, following the court's order 
that she "immediately" return Gabriel to me the time she had taken him 
to Arizona (in August 2011), without my knowlege or consent, and tried 
to get custody of him there by claiming I had hid him from her for 9 
years.  It took me 3 months to get him back because the courts had to 
speak to each other and determine that California did, in fact, have 
jurisdiction.  Unfortunately, I don't have a copy of that order because 
it was a verbal order made by the Judge in open court.


The second document:
http://www.desireecapuano.org/documents/2011-12-06-Custody_Order.pdf
is a copy of the custody order from December 12, 2011, granting me full 
physical custody of Gabriel.  At that time I had agreed to a visitation 
schedule with Desiree because I was not aware of her's and Kristopher 
Lauchner's drug use or involvement in illegal activities.


The third document:
http://www.desireecapuano.org/documents/2012-02-10-Declaration_for_Request_to_Modify_Visit
ation_Schedule.pdf
is a copy of a declaration I filed with the family court upon finding 
out about Desiree's and Kristopher's drug use and Kristopher's criminal 
history.  There are many supporting exhibits attached, including 
Desiree's Medical Marijuana card (obtained AFTER her arrest for 
possession), the record of her arrest, a picture of Kristopher handling 
a firearm with Desiree's other son (the problem being that he's a 
prohibited possessor and has a violent history).

It was when I filed this request with the court that the court began 
dragging their feet on making any decisions and seemed to start ignoring 
all the things that Desiree was doing wrong.


The fourth document:
http://www.desireecapuano.org/documents/2012-11-25-Declaration_for_Request_to_Suspend_Visi
tation_Schedule.pdf
is a declaration I filed in the family court to suspend Desiree's 
visitation due to her ongoing drug use and my discovery of Kristopher's 
arrest for shoplifing an AR-15 from Cabela's, and using meth in the 
home.  The document's quite large (126 pages) but it's mostly exhibits, 
including the police reports regarding Desiree's arrest for marijuana 
possession, Kristopher's involvement in a counterfeiting scheme 
(forgery), Kristopher's arrest for shoplifting the AR-15 and possession 
of meth, and the execution of a search warrant on Desiree's/Kristopher's 
home.  Again, the court denied the request and turned a blind eye to 
what was going on in Desiree's home.


The fifth document:
http://www.desireecapuano.org/documents/2013-03-13-Declaration_Regarding_Threatening_State
ments_and_Intents.pdf
is a declaration I filed in the family court, regarding Desiree's threat 
to continue to call ICE, and do other unspecified things, if I return to 
the US.  This occurred in February 2013 - after the first time she 
called them and they took me into custody (on January 2, 2013).  She had 
sent the email immediately upon learning I had been released from ICE 
custody and that she would have to return Gabriel to me (see the court 
minute entries in the next document). On page 8, in paragraph 3, she 
said "Immigration and homeland security are not my only avenues and if 
pushed I will pursue them...".  Given the context and the circumstances 
at the time, I think her meaning was clear and I had to consider it 
credible.

Bear in mind, also, with respect to those two emails, she's presenting 
herself as being very caring and trying to work things out in Gabriel's 
interests.  But just 5 weeks earlier, while I was in ICE custody, she 
was requesting an order from the court prohibiting me from having ANY 
contact with Gabriel, and she had been withholding my letters from 
Gabriel.  From the time of my arrest on January 2, 2013 until my release 
on February 16, 2013, Gabriel had absolutely no contact with me.  Her 
attitude and behavior changes minute by minute according to what she 
thinks she can get away with (or at least that's my perception).


The sixth document:
http://www.desireecapuano.org/documents/Court_Minutes.pdf
are the court minutes of the hearings which occurred from January 2013 
through March 2013.  The first page clearly shows that Desiree was 
requesting an order prohibiting all contact between Gabriel and I.  I 
was able to attend the second hearing by telephone, from the ICE 
detention facility (page 2).  The court ordered that upon my release 
from detention I could request an ex parte hearing and likely he would 
order Gabriel be returned to me (that's why Desiree was trying to be 
nice in the emails in the fifth document).  I spent six weeks in ICE 
custody while the Canadian consulate worked on getting me a travel 
document.  Unfortunately, upon my release I was in a foreign country, 
had no money, and no place to live so before I could request the court 
return Gabriel I would need to get on my feet.

We had a hearing scheduled for March 20, 2013, wherein Gabriel was 
supposed to speak with a court evaluator to tell the court what he 
wanted.  Knowing that I would appear for that hearing and the court 
would order Gabriel returned to me, Desiree contacted the court and told 
them I had been deported.  Based on Desiree's information, the court 
cancelled Gabriel's interview and rescheduled the hearing for March 13, 
2013.  Nobody notified me of the change.  I returned to Los Angeles on 
March 11, 2013 to attend the hearing, and was again taken into custody 
by ICE based on another report they received from Desiree that I would 
be at the hearing.  I spent another 6 weeks in ICE custody then was 
released to Canada.

 From 2007 through 2011 I was detained in the custody of various 
agencies - though, primarily ICE.  I'm sure you've ran my name so you 
know about the forgery and theft of means charges from 2007.  I spent 
over 13 months in MCSO custody fighting those charges and in the end 
they were all dismissed on the prosecutor's motion. Admittedly, I was 
associating with the wrong people and got myself messed up in some 
unnecessary drama (for lack of a nicer way of putting it).  But for 4 
years, ICE kept transferring me back and forth, from one agency to 
another, until finally, in August 2011 they released me.  Obviously, I 
can't afford to go through that kind of ordeal again, so when presented 
with the option of going to Canada or staying in custody and fighting 
them (like I did the first time), I chose to go to Canada.

I've since obtained my birth certificate, but after all of my dealings 
with ICE I really don't believe they care about that.  I completely 
believe, that even with my birth certificate in hand, they would still 
detain me.  Based on that, I have to take Desiree's threats seriously.

In addition, Gabriel has told me that she has told him that every time I 
return to the US she's just going to call ICE again.  He also told me 
that she admitted to him that she was the one that called ICE in 
December 2012, but "she was just doing her duty as a patriotic citizen" 
(literally, that's how she justified it to him).


Since you're an officer of the law, and she resides within your 
jurisdiction I might as well tell you that Gabriel also tells me that 
she still smokes marijuana around him, in the home, on a daily basis - 
even though her medical marijuana card was not renewed last year.  The 
previous time she was arrested for possession (on Gabriel's birthday, no 
less), the charges were dismissed because she completed TASC.  Yet she 
brags that while doing TASC she didn't even have to stop using marijuana 
(see the email I've uploaded to 
http://www.desireecapuano.org/documents/2012-11-19-email.pdf).  Gabriel 
further tells me that she tells him that eventually he'll grow to love 
the smell of it.  And still, the family court disregards all of this.


And, one important thing I KNOW, but haven't been able to prove, is that 
she's also using meth.  In 2007 I was associating with a lot of meth 
users (I was dating a girl that was using it - but, I've learned my 
lesson about associating with drug users) so I'm very familiar with the 
behavior and the mannerisms.  Over the past few years I've observed her 
behaving in that same way.  She'll stay up for days at a time, sometimes 
she sleeps all day.  She would drive all night from Phoenix to LA to 
pick Gabriel up for a visit, then immediately drive back to Phoenix, 
without stopping to rest.  Those times, it was plainly obvious to me 
that she was high on meth - she looked like crap.  She's eratic and 
blows minor things way out of proportion.  She gets angry and yells for 
no apparent reason.  Then, of course, there's the fact that she was 
engaged to, and living with Lauchner until his arrest/incarceration.  
There's no question that he was using meth during that time - he 
admitted to it and meth was found in the home when the Glendale Police 
searched it.  Generally, people who don't use meth don't maintain long 
term, serious relationships with people who do.  Now, if only I could 
prove it.

It might also be interesting, that in February 2012, I filed for a 
restraining order against Lauchner (case number TS015675, in the Compton 
Courthouse) due to his repeated threats of violence against me.  After 
discovering his violent background I decided I should take his threats 
seriously.  Desiree and Kristopher showed up for the hearing.  Desiree 
defended Kristopher and claimed I was just trying to create an 
environment where Gabriel would not be able to visit her in Phoenix.  
The court dismissed my request, saying it was just the typical bickering 
between people going through a divorce. In October 2012 Kristopher was 
arrested for shoplifting the AR-15. I still believe my concerns for mine 
and Gabriel's safety were credible.


And with respect to Desiree's hostility toward me, I have some 576 
emails from her, over the past few years, where she makes countless 
threats, insults, and is just generally an unpleasant person who blames 
me for every problem in the world.  I can find and forward some of the 
more interesting ones to you if that would help. Alternatively, they're 
also all on the web site at www.desireecapuano.org/correspondence/ .


I apologize for the verbosity of this message.

If you have any questions please don't hesitate to let me know.

I thank you again for your understanding.


Sincerely,
Fox
604-***-****