THE UNITED STATES DISTRICT COURT

DISTRICT OF OREGON
Wilbur Russell Gaston
Pamela K Gaston
Melissa Ann Gaston, minor offspring
Kevin John Meziere, minor offspring
UNITED STATES OF AMERICA ex rel Gaston
STATE OF OREGON ex rel Gaston

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File with Case No.______
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DEMAND FOR DISCOVERY
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) Pursuant to Freedom of
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) Information Act, 5USC
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Sec 552 and Privacy Act
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5USC sec 552a
STATE OF OREGON, SOSCF, et al
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____________________________________________)

COMES NOW, Wilbur Russell Gaston, Pamela K Gaston (Meziere) and for minor offspring
Melissa Gaston and Kevin Meziere, and DEMAND DISCOVERY pursuant to the Freedom of
information Act, SUSC sec 552, and Privacy Act, 5USC sec 552a and according to the Open
Records Act in the State of Oregon, and according to parental rights and citizen rights to obtain
all documents and records named herein. We are demanding information about ourselves and
about our minor children, by our right as their parents under these Laws. This information is
necessary to our defense and disclosure of these materials is likely to contribute to public
understanding of the operations and activities, revealing methods and policies of the
government/state agencies and their agents. Also, we are before the Court sui jrnis, and request
full waiver of fees with indigency status.
The original Freedom of Information Act request was filed on named parties on October 6,
1997, and herein named original parties are long in default, having been served numerous times
since October 1997, and have yet to fully disclose materials necessary to our defense and to
defend our children in court. We expect our rights to our documents, and justice without
purcbase to be upheld by all parties named and
full disclosure.
Attached to the original Request, is an addendum request for documents from parties who
have become complicit in the ongoing court retaliation being enacted upon the Gaston family
after the original filing in October, 1997. The individuals named in the addendum are being
served for the first time, and are not in default as of this time as are the others in the original
request.
We expect, by Law, not only full compliance with this request, but a statement from each
individual named herein that they have disclosed all materials in their possession with Wilbur,
Pamela, Melissa Gaston and Kevin Meziere's names on them or in reference to anyone in our
family. Also, records pertaining to Melissa Gaston, that involve her five half siblings who have
also been in State wardship since 1991. All correspondence and materials are to be sent to:
Wilbur Russell Gaston, Pamela K Gaston (Meziere)
PO Box 132
Mt. Angel, Oregon 97362

(503) 845-6734
DATED THIS __6__ day of January, 1999
__________________________
Wilbur Russell Gaston, sui juris
__________________________
Pamela K Gaston, sui juris

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October 6, 1997
FREEDOM OF INFORMATION 5USC Sec.552/PRIVACY ACT 5USC
Sec.552a REQUEST
Will Gaston
PO Box 132
Mt. Angel,OR 97362
1-503-845-6734.
RE: Melissa Ann Maxwell Philips Gaston, Juvenile Case
#91J0740
COMES NOW, WILL GASTON, PRO SE, to demand under the
Freedom of Information Act 5USC Sec.552 and Privacy Act
5USC Sec. 552a the production of records essential to
my defense and admissible in court with full knowledge
of my rights and full knowledge of the agency's
responsibility to respond to these demands Under the
Privacy Act 5USC Sec. 552a. I am demanding information
about myself and about Melissa Ann
Maxwell/Philips/Gaston, minor child, by my right as her
father under this law.
Be it known if a response is not received in a
timely manner and to my satisfaction there shall be an
appeal.
I expect full compliance with these demands under

FOIA/Privacy Act, pro se, and full disclosure. In

documents that contain exempt material my right is to
see the unexempted portion and no document can be
concealed because it contains exempt material. All
exempted material requires, by law, a detailed
justification of what was exempted and the reasons why
it is excluded.
Disclosure of requested information to me, pro se,
is in the public interest because it is likely to
contribute to public understanding of the operations
and activities, revealing methods and policies of the
government/state agencies and their
agents and so by
right, I request a waiver of all fees for these
records, pro se.
This document is written as one document for
clarity and organization; each section is part of the
whole and subject to the requirements and
responsibilities demanded by FOIA/Privacy Act as
explained in this opening statement.
Each section is addressed to the agency or agent
from which the information is demanded and` each
agency/agent is demanded to respond to their particular
section per the FOIA/Privacy Act SUSC Sec. 552 and 5USC
Sec,552a.
SECTION I
To: Judge Terry Leggert, Judge Greg West, and Judge
Joseph Ochoa.
Under the FOIA/Privacy Act I demand the production
of tapes, transcripts, video tapes, motions, orders,
pictures and records of all hearings both in open court
and in closed chambers and reports of all
investigations, conclusions, conversations and
communications pertaining to myself and/or Melissa
and/or Juvenile, case # 91J0740, from judges Leggert,

West and Ochoa.

Of primary concern are the records, conversations
and evidential presentations made in closed hearing in
Judge Greg West's chambers on March 18, 1997, a closed
hearing from which I was excluded by the court. Also,
I demand records of the many other closed hearings in
Judge West's chambers where Richard Condon, Larry
Lawson, DA William Howell, SCF agent Diane Rainey,
Judge West and Jeanean Craig had conversations and made
agreements in private and in concert with malicious and
criminal intent without my presence, without my
knowledge and without my concurrence. These reports
are hidden from me and are essential to my defense.
SECTION II
To: Kay Toran, Agency Director of State Offices for
Services to Children and Families: Marion County Branch
SOSCF and Woodburn Branch SOSCF.
I demand discovery, pro se, all caseworker notes,
video tapes and cassettes, pictures, confiscated
materials and goods given to my daughter by myself and
never given to her, records of all foster care
providers, notes and comments, all medical records, all
memos and notes of inter-office communications, a list
of the many foster parents, caseworkers, agents and
experts and all records, memos and notes of their
conversations and communications, certification and
criminal records of all foster care providers and
agents of SOSCF who have had contact with Melissa. I
demand all records, notes, tapes (video and audio) and
conversations of Diane Rainey's contacts with Melissa,
with Ken Pecyna, with Shirley Hardwick and with Connie
Maxwell regarding Melissa.
I demand under FOIA/Privacy Act 5USC, Sec. 552 and
552a, pro se, a copy of the records showing
authorization and by whom and by which Diane Rainey

opened a new investigation. I demand to know who

authorized her to investigate my private life and with
what probable cause since the new investigation has
nothing to do with the original allegations that have
resulted in my daughter being held prisoner in abusive
foster care for nineteen months.
The disclosure of this information to me, pro se,
is in the public interest as it is likely to contribute
significantly to public understanding of the operations
and activities, the practiced and polished deceptions
that are the methods and policies of SOSCF. These
records I demand under FOIA/Privacy Act as they are
crucial to my defense and are admissible in court.
SECTION III
To: Attorney General Hardy Meyers, District Attorney
Dale Penn.
I demand, pro se, under the FOIA/Privacy Act 5USC
Sec. 552 and 552a all records, videotapes, cassettes,
pictures, record of conversations and communications,
office memos about/for/with Melissa or about Melissa
with others, all records and conversations about
myself, all foster parent memos, communications and
reports.
In particular, I demand all tapes, reports of
investigations and interviews and conversations between
William Howell and/or the DA's office with Kenneth
Pecyna, with Diane Rainey, with Larry Lawson, with
Richard Condon, with Jeanean Craig, with Shirley
Hardwick, with Judge Greg West, judge Joseph Ochoa,
judge Terry Leggert, with Susan Syrnek and all
correspondence and conversations of SOSCF concerning
myself and/or my daughter.
I specifically demand, pro se, under FOIA/Privacy
Act, the videotape of an interview with Melissa sealed

by William Howell in judge Ochoa's court 10/31/1996. I

demand these records under FOIA/Privacy Act as they are
essential to my defense and admissible in court.
SECTION IV
To: Attorney Richard Condon, state-appointed counsel
for Melissa Ann Maxwell/Phillips/Gaston.
I demand, pro se, under the FOIA/Privacy Act 5USC,
Sec. 552 and 552a, all records, communications,
conversations, tapes (audio and video) about/for/with
my daughter Melissa Ann Maxwell/Philips/Gaston.
I demand all records, all interviews between
Melissa and Diane Rainey, Shirley Hardwick, Larry
Lawson and Kenneth Pecyna.
I especially demand that you produce records to
show you were present with Melissa during interviews,
investigations and interrogations and while being
transported physically by the state police for purposes
of interrogation.
I specifically demand any knowledge you have of
contact between Melissa and the state police, Kenneth
Pecyna and the District Attorney's office.
SECTION V
To: Shirley Hardwick, therapist contracted for Melissa
by SOSCF
I demand, pro se, by the FOTA/Privacy Act 5USC Sec.
552 and 552a, all video tapes, cassette tapes, notes,
records and transcripts, and records of all therapy
sessions and conversations between Shirley Hardwick and
Melissa. I demand to know all contact between Shirley
Hardwick, Richard Condon, Bill Howell, Kenneth Pecyna
and Judge Greg West in regards to my daughter. I

demand record of all contact between Shirley Hardwick

and Diane Rainey with or about Melissa and records of
all memos and conversations.
In Shirley Hardwick's report to SOSCF on 2/20/1997,
it is stated that Melissa is a very confused child and
that, "too many people have been telling her what she
thinks and believes." Shirley Hardwick requested at
this time that outside influences be eliminated and
that only she have access to Melissa and she would have
singular control over her therapy, thoughts and
beliefs. At this time, 2/20/1997, she states that,
"Melissa's priority needs to be time spent with her
Father during visitations. At this time there exist no
concerns, allegations or disclosures."
I demand to know how, three weeks later at the
closed hearings in Judge West's chamber from which I
was excluded, and after the continued weekly therapy
sessions with Melissa, which according to the SOSCF
service agreement I was supposed to attend and observe
and from which I was excluded, suddenly, and just
before she was to be returned home in March, 1997,
there were reputed to be "concerns" and "disclosures"
of an undetermined nature. My visitations were stopped
and from this a whole "new case" has been maliciously
fabricated.
I demand tapes and records of these sessions to
know and to see how any statements were obtained, to
observe the integrity of these sessions. Were there
leading questions? Was there brainwashing? Was
coercive therapy used? I demand to know how these
interviews were conducted. Were my child's trusting
statements exploited?
Per my service contract with SOSCF dated
12/31/1996, I was to have attended these therapy
sessions in order to bring my daughter home and these
sessions, therefore, are not confidential, are
admissible in court, are essential to my defense and

are demanded under Law of FOIA/Privacy Act 5USC Sec.

552 and 552a, pro se. These records are significant to
public understanding of methods and policies of
agencies and their agents working with/for SOSCF.
SECTLON VI
To: Attorney General Hardy Meyers, DA Dale Penn and
state police officer Kenneth Pecyna.
I demand, pro se, and under the FOIA/Privacy Act
5USC Sec. 552 and 552a, all documents, record of
discovery, officers' notes, transcripts of interviews,
memos, tapes (video/audio), communications and
conversations between Kenneth Pecyna and Diane Rainey,
William Howell, Richard Condon, Senator Marilyn
Shannon, judge Greg West, Larry Lawson, Shirley Baez,
Mignon Bruno, Jeannie Vega, Nico Vega, Virgil Lopez,
Judy Strom, Jack Mattingly, all communication with the
Silverton Police Dept. and the Mt. Angel Police Dept.,
Marshall Lake, Isaac Barsargin, Jennifer Ray, Buffalo
Billie's Tavern and employees and patrons thereof,
Audrey Barnes and Carrie Phelps in reference to my
daughter and/or myself. I demand record of any
contacts between my daughter, Melissa Ann
Maxwell/Philips/Gaston and Kenneth Pecyna. It has come
to my attention that Pecyna has been conducting a
fraudulent investigation, violating the rights to
privacy of myself and my daughter, without legitimate
probable cause and based on maliciously fabricated
statements. In the course of this investigation he has
transported my daughter by vehicle to places of
concealment by unknown authority and engaged in
inappropriate conversations of a sexual nature with
her.
I demand, pro se, by the FOIA/Privacy Act 5USC Sec.
552 and 552a that I be given all notes, reports,
conversations, communications, pictures, and physical
property confiscated for evidence.

I demand to know by whose/what authority he

abducted my daughter to places of concealment. I
demand to see the integrity of his actions and to be
shown with what probable cause was this authorized? I
demand to be shown the truth and justification for this
behavior, pro se.
I demand, by law under FOIA, to be shown if William
Howell's and Kenneth Pecyna's behaviors reflect the
methods and policies of the District Attorneys and the
Office of the State Police. It is in the public
interest and right to know, by FOIA/Privacy Act, in
order to understand the methods, operations and
policies of the government/state agencies.
Further, it has been brought to my attention that
Kenneth Pecyna, in the course of his 'investigation,
has been recruiting witnesses who are vulnerable and
would perjure themselves. I demand to have record of
all contact between Pecyna and convicted perjurer
Seneva Langloss and any other inmates and/or officers
at the State Penitentiary, as I know that Pecyna went
there to interview her. I demand all records, tapes
(audio/visual), cassettes, depositions, memos and
conversations between them.
All incriminating testimony, thus far, has been
from individuals who engage in criminal activities and
who have something to gain by perjuring themselves or
cooperating with Pecyna's malicious efforts to
incriminate me and legitimize his and the state's
actions.
I demand to know criminal backgrounds of all of the
following participants in this fraudulent persecution
of myself and my daughter:
Shirley Baez: original complainant, arrested for baby
brokerage
Judy Strom: original complainant, confessed perjured

witness, recanted all original testimony

Tim Irmen: original SOSCF caseworker and registered sex
offender
Nico Vega: known drug dealer in Silverton
Jeannie Vega: known drug dealer in Silverton
Virgil Lopez: known drug dealer in Silverton and SOSCF
child counselor
Larry Lawson: baby procurer for black market working
through SOSCF and SOSCF child counselor
Diane Rainey: baby procurer for black market working
through SOSCF and SOSCF child counselor; pathological
liar who has repeatedly perjured herself in court
Seneva Langloss: Oregon state inmate, convicted
perjurer in a homicide case; children taken by SOSCF
Connie Maxwell: (by SOSCF'S own documents and words)
Mentally impaired and schizophrenic; with an IQ of 60;
had all six of her children taken away from her for
failing to protect them from sexual abuse
All of the above named individuals, exempting
Connie Maxwell, have associated and conspired together
with criminal and malicious and harmful intent, by
definition, racketeering. Criminal, malicious and
harmful intent and racketeering, by law, removes
protection of confidentiality and privacy laws for
those so engaged.
I demand to know, pro se, as essential to my
defense: Are all of your witnesses going to be
criminals??? I demand criminal background records of
all witnesses, subpoenaed or not. I demand to know if
any of your witnesses and/or their families have now or
have ever had their children taken by SOSCF. I. demand
to know if any of your witnesses are incarcerated or on
probation or parole. I demand these records, pro se,
under the FOIA/Privacy Act 5USC Sec. 552 and 552a, and
expect full disclosure.
NOTE:
To all individuals included. in this FOIA/Privacy

Act 5USC Sec. 552 and 552a document: I expect, by law,

complete and prompt disclosure of materials demanded,
within specified time limitations for compliance (by
law, ten working days after receiving notice).
All correspondence and records and materials are to be
forwarded to:
Wilbur R. Gaston
PO Box 132
Mt. Angel, OR
1-503-845-6734
Thank you,
____________________________
Wilbur R. Gaston, Melissa's father