DELORES O’BRIEN HEFFERNAN, Grandmother and Guardian of minor A.O. Pro Se, In Forma Pauperis Plaintiff,v.

ARLINGTON COUNTYTHEO STAMOS, in her official capacity as Arlington County Commonwealth Attorney (Elect), current Deputy (in court on 12/9/11 malicious prosecution)(unknown name Assistant Commonwealth Attorney), in her official capacity as Arlington County assistant Commonwealth Attorney (did 12/9/11 prosecution) KAREN MARIE GRANE, in her official capacity as Arlington County Virginia JDR Court Appointed Guardian Ad LitemSHERRI BROTHERS, in her official capacity as Arlington County Virginia Supervisor, Child Protective Services DivisionMARITA Y. WILSON, in her official capacity as Arlington County Virginia Social Worker, Child Protective Services DivisionJASON McCANDLESS, in his official capacity as Arlington County Virginia Assistant County AttorneyCOLIN BROWN, in his official capacity as Arlington County Virginia Principal of McKinley Elementary School (on 5/5/11 and in court on 12/9/11) Defendants.

COMPLAINT OF MALICIOUS PROSECUTION BY ARLINGTON COUNTY AGAINST GRANDMOTHER D. O’BRIEN HEFFERNAN WITH 12/9/2011 NOT GUILTY VERDICT BEING “NOT UNFAVORABLE” TO PLAINTIFF

1. On 9 December 2011, Arlington General District Court Judge Richard McCue found Delores

O’Brien Heffernan, Plaintiff in this Complaint, NOT GUILTY of the charge of Criminal Trespass

18.2-119 filed, advanced, or prosecuted by Arlington County employees, Defendants named above.

2. Plaintiff O’Brien Heffernan asserts, pleads, and asks for Judicial Notice that a NOT GUILTY verdict

is an outcome “not unfavorable” to her, a required assertion so the Court is not to dismiss this case.

3. Plaintiff O’Brien Heffernan notes that in the Memorandum Opinion by federal Judge Cacheris in

case Civil No. 03-590-A on page 31 is stated:

1. Malicious Prosectuion Claims (NOTE: Wrong spelling in the original)

COMPLAINT OF MALICIOUS PROSECUTION BY ARLINGTON COUNTY AGAINST HEFFERNAN p. 1

IN THE UNITED STATES DISTRICT COURT FOR THE

EASTERN DISTRICT OF VIRGINIA Alexandria Division

Case No:1: 11CV____JCC/JFA

JURY TRIALDEMAND

a. Statute of Limitations

Malicious Prosecution claims have a two-year statute of limitations. Va. Code Ann.

8.01-248; see Blackmon v. Perez, 792 F. Supp. 1086, 1092 (E.D. Va. 1992) (holding malicious

prosecution claims barred under Va. Code Ann. $8.01-248).5 The cause of action for malicious

prosecution accrues “when the relevant criminal or civil action is terminated.” Va. Code Ann. $8.01-249.

5 The Court notes that at the time of Blackmon Va. Code Ann., $8.01-248 provided for a one-year statue (NOTE: spelling error in the original) of limitations. That period, however, was extended to two years in 1995. See Michael v. Sentara Health Sys., 939 F. Supp. 1220, 1229 (E.D. Va. 1996).

4. Plaintiff Heffernan files not in two years but within two weeks, so is timely in filing her Complaint.

5. All the incidents of the false charges, false arrest, and malicious prosecution were done within

Arlington County, that is totally within the jurisdiction of the Eastern District of Virginia.

6. Discovery by Plaintiff O’Brien Heffernan by proper use of Request for Admissions, Request for

Production, Interrogatories, Depositions, Subpoenas and Subpoena Duces Tecum will be able to

conclusively reveal the complicity of the above named Defendants in the original false charges on 26 May

2011 based on false allegations by Defendants Karen Grane, Sherri Brothers, Marita Wilson, and Colin

Brown relating to an prior approved school meeting on 5 May 2011 (where no police report has been

forthcoming from the Defendants or Arlington County agents), the subsequent false arrest in the Arlington

Court house on 13 October 2011 instigated by Defendant Jason McCandless, and the “circus” trial on

9 December 2011, with TWELVE Sheriff Deputies in the Courtroom, FOUR Arlington Police Officers,

FOUR members of the staff of the Commonwealth Attorney’s office, and where Plaintiff O’Brien

Heffernan was found NOT GUILTY by Judge Richard McCue after hearing Principal Colin Brown as

witness for the prosecution, and hearing Patricia Tackett, James Renwick Manship, Sr., and George

McDermott, witnesses for the defense in that trial by Pro Se defendant Delores O’Brien Heffernan.

COMPLAINT OF MALICIOUS PROSECUTION BY ARLINGTON COUNTY AGAINST HEFFERNAN p. 2

7. Police Detective K. Treakle, #1074, Arlington County Police Department is not named as a

Defendant because other than at the instigation of other Defendants was only “taking the complaint”

from Defendant Colin Brown on or about 05/26/2011 at 12:47 PM, and does not appear to be otherwise

involved in the Malicious Prosecution of Delores O’Brien Heffernan. Plaintiff reserves the Right to add

Treakle or other Police Department employees if Discovery reveals actions outside the “color of law” of

duty.

FACTS OF THE CASE

8. On 25 March 2011, James Renwick Manship, Sr., under a new Virginia law 26-72, Attorney in

fact for Mrs. Patricia Tackett, mother of A.O., granddaughter of Plaintiff Delores O’Brien

Heffernan, wrote a letter to Defendant Colin Brown (Exhibit A) detailing many, but not all

instances of a pattern of child abuse of A.O. while under the “care” the Burkas, an Arlington CPS

selected Foster Family, assigned to “care” for A.O. from 22 July 2010 to 19 March 2011, and

abuse by Defendant Wilson, Brothers, Grane, and McCandless.

9. Between 25 March and 5 May 2011, a series of email and phone communications between

Plaintiff O’Brien Heffernan, Guardian of A.O. by Maryland Circuit Court ORDER, and Mrs.

Patricia Tackett, Mother of A.O., an educational progress meeting was scheduled in accordance

with Code of Federal Regulations 34 CFR 300.345 - Parent Participation. Mrs. Tackett was

invited, and was invited to bring along others. Logically, Mrs. Tackett invited her mother,

Plaintiff O’Brien Heffernan, and her Attorney in fact, Mr. Manship. There was NO indication by

Principal Brown that Defendants Grane, Wilson, or Brothers were to be present.

10. On 5 May, Mrs. Tackett came in her car, while Plaintiff O’Brien Heffernan came in the

pickup truck of Mr. Manship, to McKinley Elementary School for the scheduled meeting.

COMPLAINT OF MALICIOUS PROSECUTION BY ARLINGTON COUNTY AGAINST HEFFERNAN p. 3

11. Mrs. Tackett, Mr. Manship, and Mrs. O’Brien Heffernan were all surprised and dismayed by

the presence of Defendants Grane, Wilson and Brothers. Mr. Manship stated that that was a breach

of trust by Defendant Colin Brown, and that all three should depart for a rescheduled meeting.

12. Defendant Sherri Brothers approached Mrs. O’Brien Heffernan to say, “Mrs. O’Brien (NOT

her proper name O’Brien Heffernan), you know you are not supposed to be here.”

13. Mr. Manship asked Miss Brothers, “On what basis is Mrs. Heffernan to not be here?”

Brothers responded “There is an order.” Manship objected by saying, “Not so. Where? Show it.”

14. Ignoring the objection, and request for proof of any such order, Defendant Brothers then said

to the school principal, “Mrs. Heffernan is not supposed to be here.”, whereupon Defendant

Brown complied with Defendant Brothers request for him to ask Mrs. O’Brien Heffernan to

leave the school property.

15. Mr. Manship advised Mrs. O’Brien Heffernan to depart, and she did so promptly. Then Mr.

Manship advised Mrs. Tackett the two of them should also leave, and after a bit of discussion by

Mrs. Tackett to try to persuade the Principal to reverse his order to Mrs. O’Brien Heffernan and

Mr. Manship to leave, Tackett refused to be alone, so she and Mr. Manship also left.

16. Mrs. Tackett went in her car, and Mrs. O’Brien Heffernan went in the truck of Mr. Manship

to a gas station on Leesburg Pike whereupon when they received a call to Mrs. O’Brien

Heffernan (NOT Mrs. Tackett) from the Special Education Teacher of McKinley Elementary

School stating the school personnel and the Arlington CPS workers with Miss Grane were going

to “go ahead with the meeting”, and for Mrs. O’Brien Heffernan to attend by phone conference,

Mr. Manship was given the phone to inform the school employee that would NOT be done, and

the school was in violation of Code of Federal Regulations 34 CFR 300.345.

COMPLAINT OF MALICIOUS PROSECUTION BY ARLINGTON COUNTY AGAINST HEFFERNAN p. 4

17. Mr. Manship stated that a re-scheduled educational status or student progress meeting was

required.

18. A letter dated -__ May 2011 was sent by Defendant Brown to Mrs. Tackett that re-scheduled

the 5 May 2011 meeting for 1 June 2011 at the Arlington County School Board headquarters,

where Defendant Brown, school principal; Kristi Murphy, Sp. Ed. Coordinator; and Kellene

Mountain, psychologist attended for the school with Mrs. Tackett, Mr. Manship and Plaintiff

O’Brien Heffernan, and CPS workers or GAL were NOT allowed to be present. Discovery will

reveal the exact date of Defendant Brown’s letter.

19. At that 1 June 2011 meeting, where both sides made AUDIO RECORDINGS (future

exhibits), the School Psychologist stated that the emotional well-being of A.O. had improved

after being removed from the Burka foster family home on Saturday, 19 March 2011 which was

the result of several months of effort by Mr. Manship and Plaintiff Mrs. O’Brien Heffernan, after

A.O., an 11 year old girl was assaulted by a 15 year old Burka boy in December 2010.

20. Defendant Brothers stated in an 28 January email to Plaintiff O’Brien Heffernan that a 11

year old girl being alone with a 15 year old boy, pulled down the stairs, blocked from going to

the bathroom, and then punched in the face and breasts, “did not meet our definition of assault”.

What is needed for the Arlington CPS “definition”, out and out sexual rape and brutal bruising?

21. According to Mrs. Stephanie Tebor, a contracted “psychologist” for Arlington CPS, based on

a meeting with A.O., after the foster family assault, stated A.O. considered suicide while in the

Arlington CPS foster ‘care’ system. Teborg did not take any protective actions in response.

22. The Washington Examiner wrote an article about the plight of A.O. on 8 February. On 6

January, Arlington CPS restored visitation between Grandmother O’Brien Heffernan and A.O.,

the first time for anyone in the family in over five months, since 18 August 2010.

COMPLAINT OF MALICIOUS PROSECUTION BY ARLINGTON COUNTY AGAINST HEFFERNAN p. 5

23. Mr. Manship was at one meeting where A.O. gave him a big hug for his help. At one

meeting, Mr. Manship gave GAL Grane his card, whereupon she filed an Unauthorized Practice

of Law Complaint with the Virginia State Bar that went nowhere as it was just harassment.

24. What is significant is that BEFORE the 1 June 2011 Arlington School headquarters meeting,

Defendant Brown, on his own initiative, or more likely instigated by Defendants Grane,

McCandless, Brothers and/or Wilson, filed false charges of Criminal Trespass against Plaintiff

O’Brien Heffernan on 26 May 2011. Brown made NO mention of his false charges being filed.

25. As stated in paragraph 7 of the 25 March a.d. 2011 letter from Mr. Manship to Mr. Brown:

7. !Also be advised that Assistant County Attorney Jason McCandless will be a Defendant in a Federal law suit for his part in a Conspiracy to Violate Civil Rights, so you may be well advised to seek legal counsel from a source without a Conflict of Interest as the County Attorney suffers under.

8. !The referenced parties above at this time have no specific complaint with you or your staff, so you are not now named parties, by any of the above in any lawsuit. Therefore, we request that you cooperate with Mrs. Tackett, the motherʼs requests, as required by law, for she has no restraints or injunctions upon her by the Court.

Defendant Brown may be wise to file a Cross-Complaint against the instigators of his False

Charges of Criminal Trespass against Grandmother and Guardian, Plaintiff O’Brien Heffernan.

26. On or about 26 January 2011, Plaintiff O’Brien Heffernan, with the assistance of Mr.

Manship, under a provision of Virginia law and Virginia supreme Court Handbook for Grand

Jurors filed against Guardian Ad Litem Karen Grane a CITIZEN PETITION FOR SPECIAL

GRAND JURY PER VIRGINIA COURT HANDBOOK FOR GRAND JURORS INTO

FINANCIAL FRAUD BY OFFICER OF THE COURT (Karen Grane for “padded”, that is to say

Fraudulent Expense Vouchers, by cross-referencing Discovery facts from a Maryland case).

27. On 31 January 2011, Plaintiff O’Brien Heffernan filed a MOTION & REPLY TO FRAUD

BY DECEPTIONS OF GUARDIAN AD LITEM, regarding Defendant Karen Grane.

COMPLAINT OF MALICIOUS PROSECUTION BY ARLINGTON COUNTY AGAINST HEFFERNAN p. 6

28. In Court on 24 March 2011, Karen Grane TWICE spoke the word SEXUAL in relation to

the abuse reported by the Burka teen age boy of the foster family approved by Arlington CPS.

29. On 25 March 2011, Plaintiff O’Brien Heffernan filed an EMERGENCY MOTION UNDER

VIRGINIA CODE 63.2-1510 FOR INJUNCTIVE RELIEF and SANCTIONS ON COUNTY

ATTORNEY McCANDLESS and GUARDIAN AD LITEM KAREN GRANE. Virginia Code

63.2-1510 is titled: “Complaints by others of certain injuries to children.”, and stated “In light of

the above and related Virginia Code sections, Guardian Ad Litem attorney Karen Grane has

violated her trust, and Virginia law, and both McCandless and Brothers have aided and abetted

the crime by their compliant silence.”

30. With no notice of the Arlington Circuit Court Clerk to Plaintiff O’Brien Heffernan of when

she would make her presentment to the Grand Jury from January to May, on 1 June a.d. 2011,

attorney in fact Manship, and another aggrieved parent victim of Arlington CPS combined to file

another Citizen Petition for Special Grand Jury with Defendant Grane again named, along with

other Arlington employees who have violated various Virginia laws.

31. Attorney in fact Manship pursued Heffernan’s second Petition for Special Grand Jury, in that

he had previously addressed a Grand Jury in another jurisdiction to investigate similar massive

corruption by the former Commonwealth Attorney, his Deputy, his successor, his two police

investigators, and others. The attorney and former prosecutor took a guilty plea in June 2011,

had his Virginia State Bar card revoked in August, and was sent to prison in September 2011. A

sitting judge submitted a surprise early retirement letter the same day Manship filed a Citizen

Petition for Special Grand Jury, two days after Manship met with Virginia State Police about the

man’s corrupt performance as a “sell out his client” Defense Counsel in the 1994-95 case.

COMPLAINT OF MALICIOUS PROSECUTION BY ARLINGTON COUNTY AGAINST HEFFERNAN p. 7

32. Many delaying tactics were employed by the Arlington Circuit Court Clerk Office attorney

and others in the employ of Arlington Courts in regard to Attorney in fact and Petitioner Manship

under Section 23 of the Virginia supreme Court Handbook for Grand Jurors, “Any citizen or

group of citizens may ask the Circuit Court of a city or county to convene a Special Grand Jury.”

33. Further reading of the Virginia law reveals three paths a Citizen may ask for a Special Grand

Jury, one of which is to appear before a regular Grand Jury, often composed of only five Citizens

as jurors, so unable to sit as a Special Grand Jury, to make a Presentment to request the Jurors

vote to impanel a group of Citizens as a Special Grand Jury as in Section 26 that states:

“As has been set out in Section 3, a Special Grand Jury is composed of from seven to eleven citizens of a city or county, selected by the Circuit Court and summoned to investigate any condition which tends to promote criminal activity in the community or by any governmental authority, agency or official.” “The Special Grand Jury, composed entirely of private citizens, is the one non-political body with legal authority to make such investigations.”

34. Arlington contractors like Defendant GAL Grane, or Arlington employees like Defendants

McCandless, Wilson, or Brothers who allow what Grane TWICE used the word IN COURT as a

SEXUAL assault by a foster family teen age boy on an 11 year old girl in its Foster care program

is a “criminal activity” that PRIVATE CITIZENS, NOT ARLINGTON EMPLOYEES MUST

INVESTIGATE, this and other felony acts, if this Virginia Law is to be honored and obeyed.

35. Citizen Manship Noticed to Appear before the 21 November 2011 Grand Jury, but was

denied the RIGHT of a Citizen to make a Presentment before the Grand Jury for either a Direct

Indictment by vote of the jurors of a True Bill, or for an Investigation by a separately impaneled

Special Grand Jury to investigate and indict as the investigation reveals proper. The denial of the

Grand Jury RIGHT by Arlington “actors”, makes action in the Federal Court a necessary action.

COMPLAINT OF MALICIOUS PROSECUTION BY ARLINGTON COUNTY AGAINST HEFFERNAN p. 8

36. Also on 21 November 2011, Citizen Manship, attorney in fact for Plaintiff O’Brien

Heffernan, along with a news reporter Janice Wolk Grenadier, met with Defendant Theo Stamos

to relate to her as the Deputy and newly elected Commonwealth Attorney the years of Malicious

Prosecution by Defendant Karen Grane, to which Defendant Stamos indignantly defended her

fellow Bar member as “just doing her job”, rather than demonstrating any honest measure of

“Prosecutorial Discretion”, to (1) investigate the fraudulent Expense Vouchers filed by

Defendant Karen Grane as the Guardian Ad Litem in the A.O. case, and (2) to investigate the

extent of Malicious Prosecution instigated by GAL Grane against Plaintiff O’Brien Heffernan

since she was assigned to the case on 19 February 2009, over two and a half years before.

37. Despite, or in spite of that meeting on 21 November 2011 with Mr. Manship, attorney in fact for

Mrs. O’Brien Heffernan, Defendant Theo Stamos maliciously continued on 12/9/11 the frivolous and

malicious prosecution of Grandmother and Guardian by Maryland Court Order Mrs. O’Brien

Heffernan for falsely alleged, falsely charged, falsely arrested and maliciously prosecuted Criminal

Trespass for merely appearing at the school with her daughter, mother of A.O. and Mr. Manship at a

school progress meeting, and leaving promptly after being told by the principal to do so.

38. Two honest Guardian Ad Litems, Bar members George Dodge and Fitzhugh Godwin, have

stated they are appalled at the efforts of Arlington against Plaintiff O’Brien Heffernan.

39. Thank God, Judge McCue had the wisdom and courage to say NOT GUILTY to this

Malicious Prosecution of Defendant Stamos by way of her assistant Commonwealth Attorney.

PRAYER FOR RELIEF

40. One Cause of Action stated is Malicious Prosecution against the Plaintiff, clearly from 26

May to 9 December 2011 in the false charge of Criminal Trespass, judged NOT GUILTY.

COMPLAINT OF MALICIOUS PROSECUTION BY ARLINGTON COUNTY AGAINST HEFFERNAN p. 9

41. Another Cause of Action is Malicious Prosecution against the Plaintiff by Defendant Grane

from 19 February 2009 to the present, by a series of adverse and hostile actions.

42. One relief that can be granted is for the Court to provide assistance of counsel to Plaintiff

O’Brien Heffernan to pursue the felony violations by one or more of the named Defendants.

43. Another relief that can be granted is to issue a Scheduling Order for a full and complete

process of Discovery by the Plaintiff of the Defendants, as described in paragraph 6, above.

44. Another relief that can be granted is as part of that Scheduling Order to schedule a Trial by

Jury so that Private Citizens can evaluate the facts and the laws pertaining to this case to

determine the extent of Malicious Prosecution by the Defendants, and other violations of law.

DATED: 15 December 2011

Respectfully submitted by:

__________________________

Delores O’ Brien Heffernan, Pro Se, and In Forma Pauperis

COMPLAINT OF MALICIOUS PROSECUTION BY ARLINGTON COUNTY AGAINST HEFFERNAN p. 10

CERTIFICATE OF SERVICE

I hereby certify that on the 15th day of December 2011, I will file the foregoing with a

companion In Forma Pauperis Motion so that the U. S. Marshal Service will serve the Complaint

on each of the named Defendants at the the Clerk of the Court, asking the Clerk to use the CM/

ECF system to notify the Arlington County government attorney to notify other employee

defendants, and certify I will send electronically to the various adult co-plaintiffs. In addition, I

hereby certify that I will mail the document by U. S. mail to the following non-compliant with

the Federal Rules of Civil Procedure attorney:

Ara L. Tramblian, Deputy County AttorneyArlington County Attorney’s Office2100 Clarendon Boulevard, Suite 403Arlington, Virginia 22201703-228-3100 (voice)703-228-7106 (fax)

and also to Arlington juvenile judge appointed Guardian Ad Litem attorney Karen Grane, who

properly should NOT be the beneficiary of representation by the Assistant Attorney General:

Karen Marie Grane2007 North 15th Street, Suite 1Arlington, Virginia 22201

NOTE: For Grane’s basement office shared with other “favored” Arlington JDR

Court appointed Guardian Ad Litem attorneys Mina Ketchie and Isabel Kaldenbach,

__________________________________

Delores O’Brien Heffernan, Pro Se, In Forma Pauperis

℅ Amos 5:15 Project, God and Country Foundation, Box 76, Mount Vernon, Virginia 22121

703-NRA-1776

COMPLAINT OF MALICIOUS PROSECUTION BY ARLINGTON COUNTY AGAINST HEFFERNAN p. 11