Redacted Discovery 2 -- SM382036 Michael Zeleny

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- - - --.-

SYNOPSIS:

i\'IENLO PARK POLICE DEPART!\'IENT

701 LAUREL ST Menlo Park, CA·94025 650-330-6300

NARRATIVE

Page 2

12-1903

Michael Zeleny was protesting a business on public property and had several firearms in his possession. Menlo Park Police Officers checked the firearms to ensure they were unloaded. Zeleny was in compliance with the check.

NARRATIVE:

On 06/20/2012 at approximately 0959 hours, Sergeant Ortega and I responded to the Rosewood Hotel located at 2825 Sand Hill Road on a report of (P) Michael Zeleny, once again protesting with multiple firearms under his control.

Upon arrival, Sergeant Ortega and I contacted Zeleny as he was standing at the southwest corner of Sand Hill Road adjacent to the hotel.

Zeleny had a rifle which he identified as a LRB rifle, 308 caliber, slung over his shoulder. He had two twenty round loaded magazines worn in front of his chest, and a large hunting knife that was worn in a sheath on his belt.

Zeleny consented to a search of his firearms to determine that they were unloaded. Zeleny had another LRB rifle, 308 caliber, on the cement. In several locked containers, Zeleny also

~ had a-357~Magnlim -revolver, a Summerlingrevolver, a 1935 artillery- Luger,--a ManlJfhang MR73, ,and a Korth pistol.

All the firearms were unloaded but the ammunition was directly next to them. I photographed the firearms and downloaded the photographs onto a department evidence server for storage.

Nothing further.

EVIDENCE:

Ten photographs of Zeleny and his firearms were downloaded onto a Menlo Park P.o. storage server.

RECOMMENDATION:

Case closed.

Prepared By:

14437 PHU, PAUL

Date:

06/20/2012

Approved By:

13008 ORTEGA. MATTHEW

Date:

06/21/2012

SYNOPSIS:

i\'IE~LO PARK POLICE DEPARTiVIENT

701 LAUREL ST Menlo Park, CA 94025 650-330-6300

NARRATIVE

Page 2

12-1914

Michael Zeleny was protesting a business on public property and had several firearms in his possession. A Menlo Park Police Officer checked the firearms to ensure they were unloaded. Zeleny was in compliance with the check.

NARRATIVE:

On 06/21/2012 at approximately 1049 hours, I responded to the Rosewood Hotel located at 2825 Sand Hill Road on a report of (P) Michael Zeleny, once again protesting with multiple firearms under his control.

Upon arrival, I contacted Zeleny as he was standing at the southwest corner of Sand Hill Road adjacent to the hotel.

Zeleny had a rifle which he identified as a LRB rifle, 308 caliber, slung over his shoulder. He had two twenty round loaded magazines worn in front of his chest, and a large hunting knife that was worn in a sheath on his belt.

Zeleny consented to a search of his firearms to determine that they were unloaded. Zeleny had another LRB rifle, 308 caliber, on the cement. In several locked containers, Zeleny also had a" 357 Magnum revolver, a SummerliriQ revolver, a 1935 artillery Luger, a Manu"rhahg MR73, and a Korth pistol. The listed weapons were the same weapons Sergeant Ortega and I inspected on 06/20/12, MPPD case #12-1903.

All the firearms were unloaded but the ammunition was directly next to them. I photographed the firearms and I downloaded the photographs onto a department evidence server for storage.

Nothing further.

EVIDENCE:

Two photographs of Zeleny and his firearms were downloaded onto a Menlo Park P .D. storage server.

RECOMMENDATION:

Case closed.

Prepared By:

14437 PHU, PAUL

Date:

06/2112012

Approved By:

13008 ORTEGA, MATTHEW

Date:

06/2112012

., '."., _:- a

j\'IENLO PARK POLICE DEPARTiVIENT


SUPPLEMENT 1

Page 3

12-1914

NARRATIVE SUPPLEMENT: It should be noted that on 06/21/12 between 1049 hours and 1730 hours, the Menlo Park Police Department Records Division received eleven calls regarding a man with a firearm standing in front of the Rosewood Hotel, 2825 Sand Hill Road. According to Records personnel, the general complaint from the people calling was that there was a man armed with a firearm on his person and that he was taking photographs of passing vehicles and people.

Nothing further.

RECOMMENDATION: Attach to main case.

Prepared By:

14437 PHU, PAUL

Date:

06/2212012

Approved By:


Date:

06/22/2012

MENLO PARK POLICE DEPARTMENT Page 3


NARRATIVE 10-2700

SYNOPSIS:

P/Michael Zeleny and his associates conducted a protest in front of NEA at 2855 Sand Hill Road. Zeleny was there to protest three individuals that were either current or former employees/associates of NEA.

NARRATIVE:

On 09/30/2010, at approximately 0900 hours, I responded to 2855 Sand Hill Road (NEA) to assist with security at a planned protest. Upon my arrival , I met with Sergeant Prickett who advised me of the situation. Sergeant Prickett explained that we were only on scene to act as a liaison between NEA and Zeleny.' We would also take police action if necessary.

Prior to the start of Zeleny's protest, we met with Zeleny to discuss his protest. Zeleny stated that he was going to have music playing during his protest and we advised him that the music needed to be at a sound level so that it would not disrupt business. He stated he would comply. During our discussion with Zeleny, it was apparent he would not comply with NEA or their security. He stated he would not comply and if NEA violated his constitutional rights, he would sue. Zeleny explained that he makes a living suing companies.

As Zeleny began to protest in front of NEA, he set up various posters and signs. These posters and signs were set up in a way, not to block the public walkway. After setting up the posters and signs , Zeleny went inside of his associate's vehicle and retrieved a 12-gauge shotgun. I contacted Zeleny and asked him if I could check the weapon to ensure that it was not loaded. Zeleny then handed me the shotgun and I inspected it. I observed that there were not rounds of ammunition located inside the gun. I then gave Zeleny back his shotgun. Zeleny put the shotgun on his shoulder using the sling . Zeleny also had a bandoleer with shotgun shells around his shoulders as well.

At approximately 1145 hours, several different musicians arrived at NEA on behalf of Zeleny. The musicians included a bagpiper, a saxophonist and two accordionists. I contacted the bagpiper, who identified himself as P/George Harcrow. Harcrow stated he answered an ad on Craigslist.org, which asked for a bagpiper for an event. He thought the event was a lunch gathering and did not know it was going to be a protest. Harcrow stated he was going to be paid $300.00 for 2 hours of work.

As the musicians began to play their music in front of the business, I entered the lobby of NEA. It was apparent the music was audible from inside of NEA. At approximately 1240 hours, NEA lawyers P/Robert Hawk contacted Sergeant Prickett and myself. He stated the music being played was being disruptive to him and the employees inside of NEA. Hawk requested that the music stop. We advised Hawk that we could stand by while he requested Zeleny to stop the music. If Zeleny did not stop playing the music, he could place Zeleny under citizen's arrest for 415 (2) PC - Any person who maliciously and willfully disturbs another person by loud and unreasonable noise. Hawk stated he would and contacted Zeleny. Hawk explained to him the situation and Zeleny agreed to stop the music.

Prepared By: nnte: Approved By: Dale:

14782 NEUMANN, STEPHEN 10/02/20 10 14916 LUEVANO, JAMES 10/03/2010

ME~LO PARK POLICE DEPARTMENT Page 4


NARRATrvE 10-2700

Zeleny and his associates remained on site till approximately 1700 hours without further incident. Prior to clearing the scene, Zeleny advised he would be back Monday through Friday to continue his protest, between the hours of 0900 hours till 1700 hours.

RECOMMENDATION:

I recommend this case be closed and used for informational purposes only.

Prepared By: Dale: Approved By: Dale:

14782 NEUMANN, STEPHEN 10/02/2010 14916 LUEVANO, JAMES 10/03/2010

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....... June 25 2012 , :'''';:\- YA& M ..... &1

My protests will take place, without limitation. at 1he public grounds adjaccullO thc following institulio~s and residenecs:

I. Ncw Enterprise AssocIates (NEA). 2855 Snnd Hill Road Mallo Pork CA 94025; 2, Cisc:oIWcbEx. ~1~Santa Clam. CA 95~4; 3. Sil1c Road Software & Services, Inc:. (SRS2), Onc Mattei Street S~o CA 94105; 4. Submb and Rupar Iyar, 15292 Kennedy Rd Unit A Los Gatos. CA 95032 5. ScottSandel1. 120 Deer Mcadow Ln. Portola Volley. CA 940213: 6. Forest Baskett, 24 Alexander A vc. Sausalito CA 94965; 7. RobenJ. Garland, 636 Melyme Aye Polo Alto CA 94301; 8. C. Richard Knunlich. 3699 Washington SL San Fmneisco. CA 24118; 9. Jake R. Nunn, 2120 Ashton Ave Menlo Park. CA 94025;

10. Amo Allan Pcnzias, 19 Calle Del Mar SI!n6OD Beach. CAJM21..Q: I I. BrookcA. ScaweD, 1155 Trinity Dr Menlo Pmk. CA 24025; 12. Pc:ter Sonsini, J50 Oliye SL Menlo PQdc CA 94025; IUld 13. Sigrid Van Bladel, 1338 Masonic Ave San FmnciscQ. CA 94117.

This list will be extended and updated in fururc online postings and email communications. My protests will continue until I receive full satisfuction for Min Zhu's offenses against me and my famil}'. All concerned ponies lJllly nddress 1heir communientions to my Inwycrs Michael D. Pinnisi <mpjnnjsi@pinnisjandcmoo com>. Pinnisi & Anderson, 410 East Upland Rond, Ithaca, NY 14850, phone: (607) 257-8000, and Dovid W. Affeld <dwa.@agzlow com>, AflCld Grivakes Zucker LLP. 12400 Wilshlrc Boulevard, Suite 1180. Los Angeles CA 90025, phone: CWJl219-=l\1O.O. fax: Ol.01l72:S]J)J. J mllY be reached at the number Iistcd below.

Michael@massmeans com _h htto:/narvatus IivejQumal.comJ-- http://www subrah com Zelenv@Dpstharyard edu 11575 Willow Glen Rd. Lon /\n90105. CA 900461213 290.4699 Wrongod bV the high and mighty? Cut them down to si:lC! with logally safe and ethically sound degradation of unworthy moguls :and scrofulvuli celebrities

Togs: ~,lWiIDm. cxcqJt!ooplism. WY:i.lm.m:J.~. ~

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June 2012

Making introductions - at Los Gatos Police Station.

Like Comment Share

• Max Orkis my beloved sfba about an hour ago· like

Michael Zeleny No cops on duty at the police station.

about an hour ago· Like

I.l...." Michael Zeleny ... 26 mmutes ,190

More intros - at Santa Clara County Sheriffs Department .

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FUR Snipe IR thermal attachment mounted on our trirail on our mount on a Barrett 99 with a S&B 5-25

Like Comment Share ,gj 5 Q 1 .' I" "" ci'jC'

June 29, 2012

Let's Roll

iii Spin a dreidel.

iii Coming up:

iii Nun, Gimel, Hei or Shin.

iii Nun stands for nischt ("nothing") or litigation.

iii Hei stands for halb ("half') or negotiation.

iii Gimel stands for ganz ("all") or capitulation.

iii! Shin stands for schtel ayn ("put in") or assassination.

Iii I'll take you on any old way.

, Ii, Tags: chance, death, game theory, webex

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July 9-10, 2012

~ Michael Zeleny :Jr~II(J ~j \ n ... f'/ ('ndtl , tl '. dj Le' .. J\',ql ,:

Any man who holds the sights of the pi stol as nearly on the bull's-eye as possible, and continues to press on the trigger with a uniformly increasing pressure, un ti l the pistol goes off unexpectedly, is a good shot. Any man who has learned to increase the pressure on the triqger only when the sights are in alignment with the bul l's-eye , who holds the pressure when the muzzle swerves, and who continues with the pressure when the sights are aga in in li ne w it h [he b u ll's-eye. is a n exce lle nt

shot. Any man who tries to "catch his sights" as they touch the bull's-eye and to set the pistol off at that ins tant , is a very

bad shot.

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Rcc::d Karen And o f (ourse t hc rc'~ the sociopath part Iholt helps : hnp:/lw'o'Iw.youtubc com/wtltch?v- ccqdEhvtKOk& rCillUtc - rcl,lted

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I he unforglvcn !l nal scene www.youtubc .col1l

Michael Zeleny Wh.at sociopath pan? Is (holt the one whcl c Will Mtmny gf.lCIOusly g ives il O.1 ~ S 10 .1f'1Y moln who do('sn 'l wa nt to get Idttcd?

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Reed Karen I " ' can soc loPil th In J good wJy. 18 nOVflt dtl(l , like

JanlC~S Affch.! The SOCIOP,llh P,lfl where h e ki ll:. J bunch 0 1 pcopl<!, They wercn 't ni ce people . bu t stili ... I think thiS !lccne h the mO!l1 rcallulc depiction of vlolencc, Cops with ·ye.:us· of (ro1lnlng ml~ s lhel r target) at 1 .10ge~ under 6 fCCI' The guy wllh no lUCkS (0 g ive Col" execute. Cre al. great m OVIC, .1 Polrt from the Schoheld I("d,

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Mlcholc: l Zeleny You mColn (he bUluh of people lh.11 tortu red to deiHh hi !> best fnend olnd e xhibited his molngled corpse t o their grolle rul peers? We need more soc loD ath~ like that , flg!lI about now. ,1 I1r)t<I ' ~ .ta<1 . (d,lra like

Rec:d Karen I cCrlo1 inly wo uld n'! begrudge him the shenniln igo1ns he gCls up (0 In t he moyic, bUll think t he idCol was {hilt he was a bi t naughty," his c.lrlic r ycar~ - ·thC

women .1nd children stuff. I agree. howcver, with JJmc~ A, that the real villa in In the mOVie W<1S t he dude that played the Schoheld kid ; aetlng W;lh out ,lnv con~cjence or emPil1hy fo/ Ihe spectators .

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July 9,2012

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Philip Nikolavev J sure hope they ,Jrc all rlon - Chekhovian .

Mondo"" J( -. 54prll Like

liakan Spuhr As It' S like ly not ,J s·.· .. edis h Hamilton PistOl.

and not a Locwenbcrgc r so I guess its a Locvc made BorchLlrdt(ilpprox ten ycar~ a.fter t he other two ..... >

(lorchilrd t s are: high on My wishlist!

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Michael Zelenv @Hakan: Thi , is a DWM (93 Borchardt. Tile Swedish Hamilton pistol was designed in 1901. I don' t know any Locwcnbcrgcrs. Monday at t 1 36pl1 like . :) 1

Michael Zelenv @Philip. Sooner or late r. they all go off.

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I JL.., Michael Zeleny

... Lean and mean - at Mass Means.

Gaskin. Carolina

-From: Bertini, David C Sent: To:

Tuesday, June 26,20124:21 PM Gaskin, Carolina

Subject: Attachments:

FW: Notice of Peaceful Protests in the San Francisco Bay Area

p~otestJpg; childJapistJpg; TOOL1Jpg; TOOL2.jpg; NEA Banner.JPG; NEA l.jpg; webex IJpg

For Zeleny file to the DA.

Commander Dave Bertini Patrol Operations

Menlo Park Police Department 701 Laurel Street Menlo Park, CA. 94025 650.330.6321

From: Roberts, Brya n A Sent: Tuesday, June 26, 2012 9:43 AM To: Bertini, David C; Burt, Lacey A Subject: FW: Notice of Peaceful Protests in the San Francisco Bay Area

From: O'Connor, Dani Sent: Monday, June 25, 2012 5:48 PM To: Roberts, Bryan A Subject: FW: Notice of Peaceful Protests in the San Francisco Bay Area

From: Michael Zeleny [mailto:[email protected]] Sent: Monday, June 25, 2012 2:41 PM To: Jennifer Tejada; Greg Munks; [email protected]; [email protected]; [email protected]; Police Chief; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] Cc: David W. Affeld; Michael D. Pinnisi; Hawk, Robert 8.; Arno Penzias; Brooke Seawell; Subrah Iyar; Forest Baskett; Scott Sandell; Sigrid Van Bladel; Peter Sonsini; Dick Kramlich; Robert Garland; Louis Citron; Jake Nunn; Dan Primack" Subject: Notice of Peaceful Protests in the San FranciSCO Bay Area

Dear Bay Area law enforcement personnel,

Over the following year, I shall reside and appear in your jurisdictions, exercising my fundamental rights under the First and Second Amendments to the Constitution of the United States in the course of ongoing peaceful public protests, as documented at http://www.subrah.com/andhtlp:lliarvatus.livejournal.com/tag/webex. The attached images and the article IIMan with semi-automatic weapon protests on Sand HiII", published in a local newspaper, should giye you an adequate idea concerning the parameters of my performances.

1

J conduct ~y protests in resp~ns~ to independently witnessed and officially documented death threats made against me and my family In order to deter us from pursuing claims recorded in a lawsuit subsequently filed in California-Superior Gourt, County of-Santa Clara as case No.1-02-CV-809286, Zeleny v. Zhu and WebEx., in the names and on the behalves of Min Zhu and WebEx Communications, I~c. The evidence. of these threats and their gravity sufficed for Judge Adajian of Los Angel:es ?upenor Co~rt to acquit me on 11 April 2003 of weapons carry charges on the grounds of necessity, In a bench tnal of case No. 2CR11665. In accounting for his acquittal, he ruled:

He WOUldn't get a gun permit. He wouldn't get a gun permit~ We just don't issue those in L.A. unless . y~u're a movie star or somebo~y who shouldn1t have one. But they manage to get one. Attorney's , [SIC.] should have one. I couldn t get one when I was an attorney. I know when I became a judge, a , responsible person, I was able to get one. Not as an attorney.

I think he had a good-faith belief in the threat. He did go to the police. He did do the right thing.

Ten months after this decision, my father Isaak Zelyony, plaintiff in a related lawsuit No.'1-02-CV-810705, styled Zelyony v. Zhu, suffered fatal injuries in an apartment fire that appeared to start at two locations at once. My father was important to me. I am seeking amends for unlawful threats of violence that were followed by his violent death under suspicious circumstances. I am protesting the ongoing institutional and individual support of a violent sexual deviant, who represents a grave personal threat to me and my family.

As law enforcement officers, you are well placed to assess my situation. For starters, you might consult the 1988 sealed police report of childhood sexual abuse made by Min Zhu's then 14 year-old daughter Erin. On numerous occasions Erin recounted Min's prior use of the terms that failed to dissuade me from pursuing my claim against him and his company, to persuade her to yield to his sexual advances. Her subsequent complaints of her molestation by Min Zhu can be found on riewsgroupalt.s-exiiiil.cibuse.recovery via Google Groups search 'for-th-a terms'-'-'Erlri -Zhusexual abuse". Additionally, they can be found along with her draft complaint against Min Zhu for childhood sexual abuse, her email correspondence with Blixa Bargeld to that effect, and various declarations by third parties attesting to the same facts, as matters of public record in Santa Clara Superior Court case 1-02-CV-809286, Zeleny v. Zhu & WebEx. Erin Zhu has authenticated the accounts of her rape by her father that she had authored and relayed or publicized, in sworn depositions in that case. Moreover, in a sworn deposition taken by John Walton on 3 November 2003, in Zelyony v. Zhu, Santa Clara Superior Court Case Number CV-81 0705, she confirmed under oath having settled her childhood sexual abuse claim against her father Min Zhu for $300,000, paying her lawyer David Affeld a contingency fee of 2.5%. She admitted having partiCipated in the preparation of the draft complaint, which included a graphic description of her rape by Min Zhu. She acknowledged that after she settled her claim against them, her parents made her the beneficiary of a trust; and although she denied linking it to the settlement, she later settled a claim by her lawyer, who sued her for a contingency fee portion of the trust. While denying on that occasion that her childhood sexual abuse by her father involved "penetration", Erin Zhu confirmed under oath having told her lawyer when they prepared the draft complaint that it did involve penetration, and never having told him otherwise; and she further confirmed under oath that this sexual abuse occurred between 1 and 20 times. I urge you to consult the relevant parts of the transcript of Erin Zhu's referenced deposition, as entered in evidence and permanently consigned to the public record in NEA v. Zeleny, San Mateo Superior Court Case No. CIV499465, in the context of California Penal Code Section 263 providing: "The essential guilt of rape consists in the outrage to the person and feelings of the victim of the rape. Any sexual penetration, however slight, is sufficient to complete the crime."

My revelations of these facts failed to diminish the support of Min Zhu by the Menlo Park venture capital firm New Enterprise Associates (NEA). By NEA's accounts, its business relationship with Min

2

Zhu be'~an in 1999 when it invested in the company that he founded, WebEx Communications, Inc. According to SEC filings, NEA's General Partner Scott Sandell was on the Board of Directors of WebEx until February 2002. In his sworn declaration Sandell testified that IIMin Zhu was a consultant at-NEA, with-the title-V~nture Partner,-from-March 17·2004-through-March 2008:II NEA-has--- -acknowledged that in 2004 I emailed them about Erin Zhu's claims concerning her childhood sexual abuse by her fa~her Min·Zhu. In my communications I pointed out that Erin verified under oath having made these claims between 1991 and 2001 in conversation with her friends, associates, and employees; in public Usenet postings and letters to her husband Blixa Bargeld; and in statements to her lawyer David Affeld in connection with the claim for childhood sexual abuse that he presented to her parents and settled on her behalf. My notices went unanswered and had no effect on NEA's support of Min Zhu and his position at WebEx. Min Zhu resigned from WebEx and fled the United States to China only after I exposed him as a child rapist at the WebEx User Conference in San Francisco, on 2 May 2005. Yet in September of the same year, NEA funded Min Zhu's next venture in China, in full knowledge of the foregoing events. Witness this pointed observation published by China Venture News on 23 September 2005: IIWhat's missing in the Private Equity Online article or any NEA release is any mention of the previous controversy surrounding NEA's venture partner, Min Zhu, who joined NEA in 2004, after his forced resignation as WebEx President and Director.1I Another side of Min Zhu's character is captured in the 2007 report of a joint investigation of WebEx by FBI and NSA, which found it illiCitly transferring the records 6f its customers' confidential communications to China. To connect the dots, NEA's knowing sponsorship of a duplicitous child rapist has been an open secret in the venture capital community for over seven years. This is especially noteworthy in an industry, whose foundations can be shaken by a female partners displeasure at receiving a copy of Leonard Cohen's The Book of Longing from her male colleague.

According to Min Zhu, as of 2008, NEA continued to invest money in his company Cybernaut. I have no reason to doubt thattheir business relationship has continued to this day. By all accounts,--Min Zhu has established himself as an excellent profit earner, inspiring investments from numerous profitseeking institutions and individuals undeterred by scruples about his character. In bringing to light its defects, I look forward to finding out, .how far the turpitude of Silicon Valley capital is matched by its shamelessness.

Please be assured that I am sensitive to your concerns for public safety. Accordingly, in the course of my Constitutionally protected activities, I pledge to abstain from any unlawful actions, including, without limitation, the following:

• loading any firearms in the absence of a reasonable fear for life or limb; • deploying or firing any deadly weapons or firearms in the absence of a clear and present

danger to life or limb; • making any threats of unlawful violence, including, .but not limited to, drawing or exhibiting a~y

deadly weapons or firearms in the presence of another person, in a rude, angry, or threatenmg manner;

• stalking, accosting, or harassing any individual, including, but not limited to, making harassing telephone calls to any individual or institution, or sending harassing correspondence to any individual or institution by any means;

• making any statement or engaging in a course of conduct that would place a reasonable person in fear for his or her safety, or the safety of his or her immediate family, and that serves no legitimate purpose;

• capturing visual images or audio recordings of any individual who has a rea~onable expectation of privacy, or otherwise attempting to frustrate such an expectation.

3

I,am pleased to point out that my prior events in San Diego, Milpitas, Menlo Park, and Santa Clara were unmarked by any disturbances. I hope that the same will be the case on this occasion of scaling up my activities within the bounds of legitimacy sanctioned by the authorities of the United States -Court of Appeals for the-Ninth Circuit and-the United States Supreme Court. Owing-to substantial gains in my quest for legitimate remedies, my protests shall include topical artistic performances by bagpipers, clowns, rappers, and a brass band. I shall employ portable generators, high-intensity floodlights, and night vision devices to discover the identities and whereabouts of other friends and supporters of Min Zhu. It is my position that the mounting of these performances and the use of these instruments are protected under the First Amendment, and therefore are not subject to local permit requirements. However, as an accommodation provided in the spirit of courtesy, I shall consider reasonable requests for placing time, place, and manner constraints on my performances on a caseby-case basis. Lastly, I continue to claim the right protected by the First Amendment, to hold press conferences at the sites of our protests and to film all passerby there being questioned as to their opinion of their subject matter. I hope to fores~all dangerous misunderstandings and futile litigation bound to be costly and disappointing to your taxpayers by giving you this advance notice of our plan.

My protests will take place, without limitation, at the public grounds adjacent to the following institutions and residences:

1. New Enterprise Associates" (NEA), 2855 Sand Hill Road. Menlo Park. CA 94025; 2. Cisco/WebEx, 3979 Freedom Circle. Santa Clara. CA 95054; 3. Silk Road Software & Services, Inc. (SRS2), One Market Street. San Francisco. CA 94105; 4. Subrah and Rupar Iyar, 15292 Kennedy Rd. Unit A. Los Gatos. CA 95032; 5. Scott Sandell, 120 Deer Meadow Ln. Portola Valley. CA 94028; 6. Forest Baskett, 24 Alexander Ave, Sausalito. CA 94965; 7. RobertJ. Garland, 636 Melville Ave. Palo Alto, CA 94301 ; 8. C'--Rlcharci""Kramlich, 3699 Washington Sf. San Francisco. CA 94118; 9. Jake R. Nunn, 2120 Ashton Ave. Menlo Park. CA 94025; 10. Arno Allan Penzias, 19 Calle Del Mar, Stinson Beach. CA 94970; 11. Brooke A. Seawell, 1155" Trinity Dr. Menlo Park. CA 94025; 12. Peter Sonsini, 350 Olive Sf. Menlo Park. CA 94025; and 13.Sigrid Van Bladel, 1338 Masonic Ave. San Francisco. CA 94117.

This list will be extended and updated in future online postings and email communications. My protests will continue until I receive full satisfaction for Min Zhu's offenses agains~ me and my .. family. All concerned parties may address their communications to my lawyers Michael D. PlnnlSI <[email protected]>, Pinnisi & Anderson, 410 East Upland Ro~d, Ithaca, NY 14850, phone: (607) 257-8000, and David W. Affeld <[email protected]>, Affeld Gnvakes Zucker LLP, 12400 Wilshire Boulevard, Suite 1180, Los Angeles CA 90025, phone: (310) 979-8700, fax: (310) 979-8701. I may be reached at the number listed below.

-- "

Michael@ massmeans.com ---- http://iarvatus.livejournal.com/---- http://www.subrah.com Zeleny@ post.harvard.edu I 7576 Willow Glen Rd, Los Ang.eles, .CA 90046 I 213.290.46~9 Wronged by the high and mighty? Cut them down to size With legally safe and ethically sound degrac;lation of unworthy moguls and scrofulous celebrities.

4

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Status/Dispos ition

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EvidcncelDigital Media

MENLO PARKI'OLlCE DEPARTMENT

701 LAUREL ST Menlo Park, CA 94025 650-330-6300 FELONY REPORT - PROPERTY

Properly Description

6 MPPD Photos - Photos of vehicle and suspect

4 MPPD Aud io Statements - Statements arCacal

Robles 3 E,idcacciU'I'u1IRECQRD S\'STE.WIksuO)o.l I MPPD Video Interview _ Interview at MPPD

4 Evidence 3 Receipts - 1 PKG-Storage rece ipts, I-Wells Fargo Bank

statement, Tony Cacai, I-Demand letter for Walmart

eft

Page 3

10-2687

Val Damaged

ME,,\LO PARK POLICE DEPARTMENT Page 4

70J LAUREL ST Menlo Park, CA 94025 650-330-6300

NARRATIVE 10-2687

- SYNOPSIS: Suspect Donna Cacal-Robles was the driver in possession of a 2010 Toyota Sequoia SUV reported stolen in Reno, Nevada in June of 2010. Suspect Cacal-Robles was contacted while employed as a paid protester for a planned protest at a business on Sand Hill Road in Menlo Park. Suspect Cacal-Robles had the keys to the stolen vehicle and claimed it belonged to her and her brother after they purchased it for $2,700 in August, 2010. Suspect Cacal-Robles stated she knew the vehicle value was $50,000. Suspect Cacal-Robles had no information on the seller, but stated the sale was arranged by a possible suspect named in the theft report. Vehicle recovered and towed. Case closed by arrest.

NARRATIVE:

09-29-2010 at approx. 1650 hrs.

I responded to assist at the scene of an ongoing planned protest at the private property, 2855 Sand Hill Road, adjoining the Rosewood Hotel in Menlo Park. P- Michael Zeleny was staging a protest of a business and the property manager called police to report Zeleny was carrying a weapon, which prompted further calls to police. P- Zeleny had posted an ad on Craigslist and hired protesters to assist him in his protest. There were approx. 7 people assisting P- Zeleny at the scene of his protest.

While monitoring the protest, Acting Sergeant Brackett checked vehicles related to the activity, to distinguish protester vehicles from other parked vehicles of hotel and bUSiness employees. He checked a Nevada license plate, 241 WKT, on a blue-gray 2010 Toyota Sequoia parked at the location. MPPD Dispatch reported the vehicle was reported stolen with the Reno, Nevada police on 06-10-2010. One of the protesters at the scene, later identified as SA- Donna Cacal-Robles identified the vehicle as hers and she had the vehicle keys and door remote in her possession. Refer to Sgt. Brackett's attached report for details.

I went to speak to SA- Cacal-Robles standing outside the parked 2010 Toyota Sequoia. I checked the VIN number of the vehicle and confirmed it matched the license plate of the stolen vehicle. SA- Cacal-Robles was not detained or handcuffed and spoke to me voluntarily. I made a few digital audio recordings of the contact with SA- Cacal-Robles at the scene. I also took several digital photos of the vehicle and the position it was located relative to the protest scene. The digital audio and photos were later downloaded to the secure server at MPPD.

I told SA- Cacal-Robles we had a report the car she was driving was reported stolen from Reno. She seemed surprised to learn her car was a reported stolen vehicle, then she became guarded in her responses and appeared to hedge on providing direct answers. SA- CacalRobles summarized how she and her brother "Tony Cacal" bought the vehicle. Refer to her statement, below.

Prepared Oy: Date: Approved By: Dllte:

7128 KEEGAN, JEFF 09/29/20 10 \3008 ORTEGA, MATTHEW 09/30120 10

ME:\,LO PARK POLICE DEPARTMENT Page 5


NARRATIVE 10-2687

I told SA- Cacal-Robles I needed to investigate how she got the car and I needed to establish her identity. I asked her for identification. She was not able to provide any photo identification, claiming her wallet had been stolen weeks earlier. She wrote her name, DaB and contact information for me. She provided a SSN card and two Bank of America Debit cards as her only identification. She said she was currently staying at an aunt's home in Newark. SA- Cacal-Robles also stated she formerly lived in Sacramento and her CDL had a Sacramento address on it. She further stated she was in the California Army National Guard, 2668tl1 Transportation unit based in Sacramento.

We asked SA- Suspect Cacal-Robles for any documents from the vehicle showing her purchase, title or Bill of Sale showing she purchased it. She said her brother had all the documents in San Jose. We allowed her to make numerous phone calls to arrange for her brother to bring documents to Menlo Park to prove their possession of the vehicle. SA- CacalRobles was not able to arrange that and her brother never came to MPPD. I confirmed with SA- Cacal-Robles that her brother's name was "Tony Leonard Cacal, DaB: residing on Wema Way in San Jose.

I made a cursory check of the vehicle contents. I noted there were no documents in the vehicle with SA- Cacal-Robles' name on them and only a few of her personal items. Much of the vehicle contents were construction-type items, like pipes and metal pieces.

I located several documents in the glove box in the name "Tony Cacal", including a Wells Fargo Bank statement, a demand letter from a New York attorney referencing Tony Cacal's theft and burglary arrest at a San Jose Wal-Mart in San Jose on 06-11-2010 and several pages of receipts for a San Jose storage locker at Public Storage. I collected these items as evidence and gave SA- Cacal-Robles a property sheet. From the vehicle contents, it appeared the vehicle was used primarily by P- Tony Cacal and driven by SA- Cacal-Robles.

SA- Cacal-Robles stated she was one of the protesters hired by P- Zeleny through a ad placed on Craigslist. She drove to Menlo Park from San Jose today in that vehicle. She said she has been the sole driver of the Toyota since they bought the car in August, because her brother does not have a valid license. SA- Cacal-Robles brought a friend with her today, later identified as P- Nicole Martinez, DaB: _of San Jose. It was determined P- Martinez was only a passenger in SA- Cacal-Robles' vehicle today. P- Martinez was not detained and was released at the scene.

While at the scene, MPPD Dispatch advised the victim vehicle was a Budget Rental car reported embezzled to Reno Pol ice on 06-01-2010 by a victim from Sacramento, California, PSailesh Singh. I requested Reno PD fax their report. Refer to Reno Case # 10-14835.

I told SA- Cacal-Robles she was under arrest for possession of stolen property and I drove her

Prepfl red By: Datc:

7128 KEEGAN. JEFF 09/29/20 10

Approved By:


Da te:

09130/201 0

'. MENLO PARK POLICE DEPARTMENT Page 6


NARRATIVE 10-2687

to MPPD for an interview. I read SA- Cacal-Robles the Miranda Warning from the attached MPPD Miranda form and she signed the form. SA- Cacal-Robles stated "Yes", she understood her rights and she was willing to talk to me and recap the prior statements and answer new questions. The interview and contact at MPPD was recorded for evidence on the I-Record system.

I later read the attached Reno PD report. The reporting party, P- Singh is a resident of Sacramento. P- Singh made the report to Reno PD since he rented and last saw the vehicle in Reno on 05-17-2010 when he loaned it to the named suspect "Shahir Ali" and another man named "David". When "Ali" told him he drove the Toyota to San Diego and it did not return by 05-19-2010, P- Singh went to police on 06-01-2010.

I noted that SA- Cacal-Robles had recent addresses in Sacramento and the victim RP resided in Sacramento. During her interview, SA- Cacal-Robles told me her brother bought the car from a "friend of a friend", a man they knew as "Ali". She could not remember the entire name of "Ali" or where he lived. This information was also consistent with the suspect in the Reno PD report. Based on the cross-overs in her statement with the Reno PD report, I believe SA- Cacal-Robles may have a more direct connection to the theft suspect(s) than the vague references she volunteered n her statements.

A check of named suspect P- Shahir Ali confirmed Ali is on active CDC parole for theft and is wanted for fraud in Reno, NV and San Diego, CA.

Officer Apple completed the attached CHP 180 tow form and the vehicle was towed and stored by EI Dorado Towing per 22651(c) CVe. Reno PD and Victim Budget Rent A Car were advised of the vehicle recovery.

At the conclusion of her interview and numerous attempts to reach her brother, Officer Martinez drove SA- Cacal-Robles to San Mateo County Jail and booked her on the listed charge, 496(a) PC - Possession of Stolen Property >$400.

STATEMENTS: Statement of SA- Cacal -Robles: SA- Cacal-Robles said she used to live in Sacramento where she did her National Guard service. She said her brother, Tony Cacal, and her father live in San Jose. SA- Cacal-Robles stated she responded to an ad placed by P- Zeleny on Craigslist seeking paid protesters. She said she was paid $10 per hour, 8 hours each day for 5 days. SA- Cacal-Robles said she had no other or prior affiliation with P- Zeleny. She said she was staying with her aunt in Newark, not in San Jose. She said she has been unemployed for "over 6 months" and her brother "has not worked in 2 or 3 years", but does odd jobs. She said he wanted to get a bigger truck to work, so they asked friends where they could buy a truck. SA- Cacal-Robles said they looked

Prepa red By: Date: A pproved By: Date:

7128 KEEGAN, JEFF 09/29/2010 13008 ORTEGA. MATTHEW 09/30120 10

NIENLO PARK POLICE DEPARTIVIENT


NARRATIVE

Page 7

10-2687

online and asked a "friend of a friend" named "Ali". She could not remember "Ali's" entire name and did not know where he lived, but she knew "Ali" a long time.

SA- Cacal-Robles stated "Ali" knew someone who wanted to sell a truck in Sun Valley, Nevada (North of Reno). She said "Ali" put the seller in touch with them online and by text message. She did not know the seller's name and never spoke to them by phone. I asked her if she had the seller's number or texts in her phone to prove they existed. She looked, but did not see any messages. She did not think she could locate that information again.

SA- Cacal-Robles said the seller agreed to drive down from Nevada and deliver the truck to San Jose. She said when the seller of the Toyota arrived in San Jose, she gave her brother all her savings of $1,800.00 cash and he added his own $900.00 cash to buy the truck. She said that was all the money they had. She could not name or describe the seller of the truck and said she never met the seller. Her brother is the only one to meet the seller when he came to San Jose. He brought the truck to her so she could drive it, since he was unlicensed. She said they bought the truck in the last week of August, 2010 and had been driving it since then.

SA- Cacal-Robles said she knew the Toyota Sequoia was worth about $50,000, but the seller agreed to take $2,700 and they would make payments to him. She did not know what amount the payments would be, stating, "My brother knows all about that." I asked SA-

~. Cacal-Robles how she and her brother planned to make payments ona $50,000 vehicle, with a balance of $47,300 owed, if neither of them were working or earning a living at this time? SA- Cacal-Robles was not able to answer that.

SA- Cacal-Robles said she did not know the truck was stolen. She said her brother had all the sale documents. She saw them, so she knew he had them. SA- Cacal-Robles wanted to know how and when she could get the truck back, since they spent so much money on it. I told her that was unlikely.

Nothing further.

CRIME SCENE: Vehicle recovered at 2855 Sand Hill Road, Menlo Park

INJURIES: None.

EVIDENCE: 4 Digital audio recordings of SA- Cacal-Robles contact and interview. 1 Digital I-Record interview video. 6 digital photos of vehicle at scene. 3 Documents: Tony Cacal storage receipts, bank statement and demand letter.

Prepared By:

7128 KEEGAN, JEFF

Date:

09/29/2010

Approved By:

13008 ORTEGA. MATTHEW

Date:

09/30/2010


70] LAUREL ST Menlo Park, CA 94025 650-330-6300

NARRATIVE 10-2687

RECOMMENDATIONS: Based on the information obtained through investigation, I recommend the following:

Case the San Mateo County District Attorney for prosecution of SA- Donna Maria Cacal-Robles on charges of 496(a) Pc.

Case to Reno PO for inclusion in their report.

No further information at this time.

J'repared By: Date: Approved 8)': Dale:

7128 KEEGAN. JEFF 09/29/20 10 13008 ORTEGA. MAn 'HEW 09/30/2010

MENLO PARK POLICE DEPARTMENT Page 9 ",'. 10-2687 701 LAUREL ST Menlo Park, CA 94025 650-330.{j300

SUPPLEMENT 1

NARRATIVE:

Wednesday, September 29, 2010 1700 hrs. (Investigation)

I responded to 2855 Sand Hill Road and met with Michael Zeleny regarding a planned protest of the company NEA. Zeleny was there to protest three individuals that were either current or former employees that were associates with NEA.

Prior to my arrival, Zeleny and his supporters set up posters and signs along the walkway that led to the front entrance to NEA. I saw that the signs were placed in a position that did not block the pathway for any individuals who passed by. In addition, at no time did I see that any signs blocked the path or restricted the walkway.

Zeleny told me that he hired approximately 5 individuals to pass out flyers at the protest that were associated to his cause. In an attempt to assist in identifying these subj ects, I conducted a records check on one ofthe subject's vehicle. The vehicle was a dark grey Toyota Sequoia SUY, Nevada license plate 241 WKT. I received information from Menlo Park Police Department dispatch that the vehicle had been reported stolen out of the Reno Police Department in Nevada.

I contacted the female driver, who was later identified as Donna Maria Cacal-Robles and asked her who the vehicle belonged to. Cacal-Robles stated the vehicle belongs to her and her brother, Tony Cacal. Cacal-Robles stated that she split the cost of the vehicle when they first bought it and the two of them share it.

I contacted Officer 1. Keegan who had arrived on scene prior to the records check of the vehicle. I informed him that the vehicle was reported stolen and he continued with the investigation.

A short time later Officer D. Apple arrived on scene to assist in the investigation. Officer D. Apple completed the CHP 180 form and completed the tow for the dark grey Toyota Sequoia SUY, Nevada license plate 241WKT. EI Dorado Tow arrived and towed the vehicle to their yard.

EVIDENCE:

None

RECOMMENDATIONS:

Attach a copy of my supplemental report to Officer J. Keegan's report, case number 10-2687.

Prepared By: Date: Approved By: Dale:

14757 BRACKETT, TIM 09/29/20 10 13008 ORTEGA, MA lTHEW 09/29120 10

MENLO PARK POLlCE DEPARTMENT Page 3


NARRATIVE 10-27 12

SYNOPSIS:

MPPD Officers were dispatched to 2855 Sand Hill Road (NEA) on the report of a disturbance. Upon arrival, S/Zeleny and S/Haywood were admonished by MPPD Officers on behalf of Rosewood Hotel staff for trespassing . S/Zeleny and S/Haywood compl ied with the admonishment and left the scene.

NARRATIVE:

On 10101/2010, at approximately 1540 hours, I responded to 2855 Sand Hill Road (NEA) on the report of a disturbance. Upon my arrival, I met with PlWiliiam Lemos who is the head of security at the Rosewood Hotel. Lemos stated that S/Zeleny and his associate, S/Haywood had followed a Rosewood Hotel employee from the parking lot, to the hotels spa. Lemos said that Haywood followed the employee with a video camera onto the hotel employee and that the employee had felt harassed.

After speaking with Lemos, I spoke to V/Shortridge. She stated she was walking from the parking lot, to the hotel spa. While walking from the parking lot, she observed Zeleny and Haywood. When Zeleny and Haywood realized that Shortridge was in the vicinity of their protest, they both began to quickly walk towards her. Shortridge explained that she tried to avoid them by walking onto hotel property and increasing her pace. While walking to the hotel spa, Zeleny and Haywood followed her, making Shortridge uncomfortable. Zeleny and Haywood followed Shortridge to the front door of the Hotel Spa, approximately 75 yards away from the roadway and parking lot. I asked Shortridge if she would be willing to place both Zeleny and Haywood under arrest for 602.1 (a) PC - intentionally interfering with any lawful business. She stated she would.

I then contacted Zeleny and Haywood. I explained to the both of them the situation and admonished them for trespassing and interfering with the operations at the Rosewood Hotel. Both agreed to leave and Zeleny stated they had concluded their protest for the day anyways. Both then left the scene.

I then spoke to W/Frederick. He stated he observed both Zeleny and Haywood follow Shortridge onto the hotel property. He explained that Shortridge appeared to be trying to avoid both Zeleny and Haywood. After the incident, Lemos confronted Zeleny about the incident. During the conversation, Haywood was filming Lemos. Frederick stated the camera Haywood was using appeared to be approximately 3 to 6 inches away from Lemos' face. Lemos put his hand in front of the camera and said get the camera out of my face , at which point Haywood claimed that Lemos assaulted her.

Prior to clearing the scene, I discovered that Haywood declined to press charges against Lemos for assault. All parties involved in this incident cleared the scene and a police presence was no longer required.

STATEMENTS:

Prepared By: Dale: Approved By: Dale:

14782 NEUMANN, STEPHEN 10/03/20 10 14916 LUEVANO, JAMES 10/0312010



NARRATNE 10-27 12

Included in the narrative.

CRIME SCENE:

This crime occurred between the Rosewood Hotel and NEA, located at 2855 Sand Hill Road , Menlo Park.

INJURIES:

None.

EVIDENCE:

None.

PROPOSITION 9 COMPLIANT:

A Proposition 9 pamphlet was later mailed.

RECOMMENDATION:

Case closed.

Prepared By: Oll Ie: Approved By: Date:

14782 NEUMANN, STEPHEN 10/03 /20 I 0 149 16 LUEVANO, JAMES 10/03/2010

NARRATIVE:

lVIENLO PARK POLICE DEPARTIVIENT


SUPPLEMENT I,

Page 5

10-2712

On 10/01/2010 at approximately 1604 hours, I responded to 2855 Sand Hill Road on a report of a disturbance. Once on scene I contacted two subjects, Robert Allen Chandler and Terra Marie Haywood, both parties were involved in the incident that occurred outside the Rosewood Sand Hill. Acting Commander Kaufman, Sergeant Dixon, and Officer Neumann had also responded to the scene. I obtained statements from both P-Chandler and PHaywood at the scene.

Five digital recordings relating to the statements made by the involved parties were downloaded to the MPPD secured server.

STATEMENTS:

Party Robert Allen Chandler stated the following in summary (For additional please refer to the digital recorded statement that was downloaded to the MPPD secured server):

P-Chandler stated that he observed a confrontation that was going on between the Rosewood Sand Hill Management after P-Michael Zeleny had been confronted by the Rosewood Sand Hill Management (P- Lemos). P-Chandler said that he called the Police due to observing that Zeleny was walking through the complex outside the area that P-Michael Zeleny had agreed to protest within. P-Chandler said that P- Michael Zeleny walked back around the complex and started a confrontation with Lemos. P-Chandler than stated that P-Haywood had stepped in front of him with the camera during the confrontation and that he than stepped in front of her. P-Chandler stated that he never touched P-Haywood. P-Chandler stated that he had called police prior to the incident advising that P-Michael Zeleny was walking through the complex with his gun. P-Chandler also said that he called police again right after the incident occurred.

End of Statement

Party Terra Marie Haywood stated the following in summary (For additional please refer to the digital recorded statement that was downloaded to the MPPD secured server):

P-Haywood said that she was video taping the protest and assisting her step brother who had been hired by P-Michael Zeleny to film the protest. P-Haywood said that she was working the camera and that P-Michael (Zeleny) had wanted to video tape one of the employees (Rosewood Sand Hill) due to the employee tipping over some of the protester's signs. PHaywood said that they had followed the woman who worked at the hotel so that P-Michael (Zeleny) could ask her about tipping over the signs. P-Haywood said that they followed the woman approximately 100 feet and that woman had gone to an area where the protesters could not go. P-Haywood said that she had filmed the entire incident. P-Haywood said that after following the woman they came back to the area where their protest was taking place. PHaywood said that the man who works at the hotel (P-Lemos) came out to where they were

Prepared By:

14916 LUEVANO. JAMES

Date:

10/0212010

Approved By:

14437 PHU, PAUL

Date:

10/03/2010

ME!,\LO PARK POLICE DEPARTMENT


SUPPLEMENT I

Page 6

10-2712

and told them that they had scared one of his employees and that P-Michael Zeleney could not be on the property with the gun. P-Haywood said that Lemos also said that he did not want to be video taped anymore. P-Haywood said that the conversation between P-Lemos and P-Micahel Zeleny was video taped. P-Haywood said that she was asked to move due to her having her foot off the sidewalk and partially on the grass. P-Haywood said that she had been tapped on the shoulder by a man video taping for the hotel and asked to move. PHaywood said that she moved and then another man in white clothing stepped in front of her as she was filming. P-Haywood then said that P-Lemos had pushed her camera causing the eye piece of the camera to hit her face. P-Haywood said that the P-Lemos than pushed her camera away a second time. P-Haywood said that P-Michael (Zeleny) then informed PLemos that P-Lemos might want to get his lawyer since they had a right to be fi lming.

P-Haywood said was unsure if she wanted to press assault charges for the camera being pushed into her face. P-Haywood later said that she did not desire to press charges against the man who had pushed her camera.

End of Statement

RECOMMENDATION: I recommend that this supplement be attached to the report of the same number.

Prepared By:

149 16 LUEVANO. JAMES

D:ltc:

10102/2010

Approved By:

14437 PHU, PAUL

Da le:

10/0312010



NARRATIVE 10-2739

SYNOPSIS: Contact with a civil protestor carrying an unloaded weapon outside a business.

NARRATIVE:

10-04-2010 at approx_ 1406 hrs_

I responded to a report of a returned protestor trespassing on private property outside the business at 2855 Sand Hill Road. RP- Chandler called requesting police contact the armed protestor, P- Michael Zeleny, and determine if the shotgun he was carrying was unloaded. I was familiar with the individual from prior incidents at that address. I was aware he was carrying weapons during his protest, as "open carry" of unloaded weapons.

I arrived at approx. 1410 hrs. I saw Mr. Zeleny and two other men with him with video cameras standing in front of the entrance walk to 2855 San Hill Road. I noted they were video recording my contact and approach. I made a digital audio recording of the contact and I later downloaded the audio to the secure server at MPPD. I noted Mr. Zeleny had a shotgun and a separate bandolier with dozens of red unknown gauge shotgun shells slung over his torso.

I approached P- Zeleny, without asking him any questions, he immediately asked me ifl wanted to inspect his shotgun and he voluntarily offered it to me to inspect. He took the sling over his head, handed me the weapon and instructed me how to open the action as I inspected the shotgun, per 12031 (e) PC, without incident. The shotgun was unloaded. I thanked Mr. Zeleny for his cooperation and left the scene shortly thereafter. No further information.

PROPOSITION 9 COMPLIANT: N/A

RECOMMENDATION: None.

Prepared By: Dare: Approved By: Dalr:

7128 KEEGAN, JEFF 10/04/2010 14757 BRACKETT, TIM 10/07/2010

•• " SYNOPSIS:

iVIENLO PARK POLICE DEPARTiVIENT


NARRATIVE

Page 3

10-2678

PlMicha~1 Z~leny ha~ a peaceful protest in front ofNEA at 2855 Sand Hill Road. Zeleny had posters and readmg information, that he handed out to passer-bys, regarding his protest. In attendance was a two man film crew, four people in support of Zeleny's protest, and two musicians.

NARRATIVE:

On 9-28-2010, at approximately 0900 hours, I arrived at 2855 Sand Hill Road and met with PlMichael Zeleny regarding a planned protest of the company NEA. Zeleny was there to protest three individuals that were either current or former employees/associates with NEA. Zeleny stated that he was going to have music playing during his protest and I advised him that the music needed to be at a sound level so that it would not disrupt business.

As Zeleny and his supporters began to set up for the protest, he set up posters and signs along the walkway that led to front entrance to NEA. I overheard a supporter state that the signs be placed in a manner as to not block the pathway for any individual. At no time did I determine that any sign block the path or restricted the walkway to any individual at any time. However, the signs were placed in a way that any persons that walked the pathway would have to serpentine through the signs. It was later requested by Sergeant Prickett that Zeleny re-arrange the posters as to not be set up as a serpentine. Zeleny agreed and voluntarily moved the posters and re-arranged them. The signs and posters again were not blocking the pathway at any time.

Two of Zeleny's supporters had walked to the building next door to the Rosewood Hotel to use the restroom. The hotel staff requested that they leave the property, which they complied with. It was made clear to Zeleny and his supporters that they were not allowed onto the Rosewood Hotel property and they agreed to this request.

Zeleny then went inside his vehicle and retrieved a 12-gauge shotgun. I contacted Zeleny about the shotgun and he was compliant in my request to check the weapon to ensure that it was not loaded. The shotgun slide was open and I inspected the shotgun and observed that there were not rounds of ammunition located inside the gun. Zeleny had the shot gun in a sling around his shoulders. Zeleny also had a bandoleer with shotgun shells around his shoulders as well.

Zeleny then had a bagpiper arrive to play the bag pipe. The bagpiper began to play music that was audible from inside NEA. NEA employees requested that the music be quiet or moved to an area as to not disrupt business. Officers informed Zeleny of the issue with the music being to loud and had the bagpiper move to an area near the street and away from the building. After the bagpiper moved, the music was at an acceptable level.

The bagpiper then left and a trumpet player showed up and began to play. Again the music was at a level that it began to disrupt NEA business. The trumpet player was playing in the same location where the bagpiper was playing music at an acceptable level. Because the trumpet had a different tone and pitch, a request was made to the trumpet player to play at a lower volume. The trumpet player and Zeleny agreed to this request and the trumpet player continued to play music at an acceptable level.

Prepared By: Date: Approved By: Date:

14749 APPLE, DAVID 09/29/2010 14757 BRACKEIT, TIM 09/29/2010

i\'IENLO PARK POLICE DEPARTi\IIENT


NARRATIVE

Page 4

10-2678

The rest of the afternoon consisted of Zeleny and his supporters passing out fliers and literature. There was nothing further to note and Zeleny stopped his protest at 1600 hours.

RECOMMENDATION:

I recommend this case be closed and used for informational purposes only.

Prepared By:

14749 APPLE, DAVID

Date:

09/29/2010

Approved By:

14757 BRACKETI, TIM

Date:

09/2912010



NARRATIVE 12-495

SYNOPSIS:

Subjects Michael Zeleny and Michael Wong stood on the corner of Sand Hill Rd. and the entrance to the 2800 block of Sand Hill Rd in protest of an employee of New Enterprise Associates (NEA). Both subjects donned MiA rifles, 8 magazines full of rifle ammunition (approximately 80 rounds), bullet proof vests and military style looking clothing. Zeleny used his long-lens camera to take photographs of drivers and passengers entering the driveway of the 2800 block of Sand Hill Rd, unknowing if they were associated with NEA or other companies occupying the business park area. The subjects displayed three (3) large posters of pictures of NEA employees and of a subject they accuse of being a child rapist. They occupied the two south corners of the driveway entrance to 2800 block of Sand Hill Rd . This case was taken for informational purposes.

NARRATIVE:

On 02/09/12, Officer Poirier and I were dispatched to the 2800 block of Sand Hill Rd. for the report of two subjects protesting with rifles. Upon our arrival, we saw two individuals dressed in tan military clothing with rifles slung over their shoulders.

The subjects provided their California driver's licenses that identified them as Michael Zeleny and Michael Wong. The subjects allowed us to inspect their weapons to ensure they were unloaded. Officer Poirier inspected both rifles and confirmed the rifles were unloaded. Both subjects had magazines strapped to their bullet proof vests. Zeleny had six (6) magazines and Wong had two (2).

I reminded Zeleny he was only allowed to stay on the street corners and none of his signs were allowed on the Rosewood Hotel property or anywhere else within the private property of the businesses within the 2700 and 2800 blocks of Sand Hill Rd. Zeleny acknowledged my request and stated he understood. A few hours later staff from NEA provided Zeleny with a stay away order and advised him of the areas where he was allowed to protest. Zeleny acknowledged the stay away order.

Due to the ammunition being on Zeleny's person along with the unloaded rifle on his person and for the safety of the public, officers stayed on site observing Zeleny's actions.

During the day Wong had been picked up in a cream colored GMC SUV with license plate The vehicle

was registered to Enterprise Rental Car Company. Wong returned several hours later riding a fold up bicycle. A few hours after that, a silver Porsche with license plate _ dropped off food for the two subjects.

Officer Poirier followed the vehicle until it stopped at the Stanford Shopping Mall. Officer Poirier told me he parked a few spaces away from the vehicle and then walked up to the driver asking if he could speak with him . The driver willingly provided his California driver's license to Officer Poirier which identified himself as Paul

Mitchell out of Walnut Creek. Mitchell freely admitted he was helping Zeleny'S cause although he doesn't feel as strongly about the topic as Zeleny does. He told Officer Poirier they were staying at the Quality Inn in Palo Alto, but he didn' t know how long they were staying. Mitchell told Officer Poirier he feels Zeleny doesn't trust him with that information. Mitchell told Officer Poirier he has known Zeleny since 1987 when they worked

together. Officer Poirier told me Mitchell was being vague with information, but still being truthful when answering Officer Poirier's questions. The silver Porsche came back later and picked up Wong.

Prepared By: D:lte:

13938 TRASK. VICTOR.IA 02110120 12

Approved By:

14757 BRACKETT, TIM

Date:

02111 /2012



NARRATIVE 12-495

At approximately, 1547 hours the cream colored GMC from earlier in the day arrived, driven by Wong, and picked up Zeleny and his belongings. The silver Porsche was parked across the street in the business complex parking lot area observing Wong and Ze leny as they loaded their vehicle. Around the same time the silver Porsche had arrived, a black Porsche was seen driving around the business complex across the street from where Zeleny was protesting. It appeared the black Porsche was possibly related. Once Zeleny and Wong had the GMC packed with their belongings, the black Porsche left the business complex, followed by the silver Porsche. Wong, driving the cream GMC, pulled into the driveway of 2800 Sand Hill Rd . made a U-turn then went back out to Sand Hill Rd. and proceeded eastbound on Sand Hill Rd .

A Menlo Park Police undercover unit fo llowed the cream GMC to the Quali ty Inn in Palo Alto.

The following day at approximately 1246 hours, Zeleny and Wong arrived at Sand Hill Rd. Officer Igno was already on site anticipating their arriva l. Sergeant Brackett and Officer Igno inspected both subject's weapons again to ensure they were both unloaded. Both subjects were wearing the same clothing as the previous day. I arrived at 1315 hours. Zeleny told Sergea nt Brackett he was planning on coming back in a few days and then would be staying up in the bay area indefinitely.

At approximately 1447 hours the cream GMC arrived to pick up Wong and Zeleny. Around the same time I noticed the black Porsche arrived and was again across the street in the business park parking lot from Zeleny and Wong. The black Porsche pulled into the left turn lane to prepare to pull onto eastbound Sand Hill Rd. The vehicle then backed up and pulled alongside the mailboxes in the business park parking lot area. I attempted to get a plate of the vehicle; however, it was missing a f ront plate. As Office r Igno watched the vehicle I pulled out to go across the street to get a plate of the vehicle. The driver of the black Porsche got out of his veh icle near the mailboxes and then got back inside his vehicle and when his light turned green to turn he left the business park driveway.

I followed the vehicle and made an enforcement stop, for no front plate, at Sand Hill Rd. and Branner Dr. The driver identified himself as Frank Lonergan with his California driver's license. I asked him if he was associated with Zeleny. He stated he didn't know who that guy was. He told me he has a business in the 2800 block of Sand Hill Rd . and that was where he was coming from.

While I was on my traffic stop Officer Igno continued to watch Zeleny. Officer Igno told me Zeleny watched me leave and follow the black Porsche. Ze leny made a U-turn and headed back towards interstate 280 and has not been scene since.

RECOMMENDATION:

This case was taken for informational purposes.

Prepared By: Date:

13938 TRASK, VICTORIA 02/ 10/2012

Approved By:

14757 BRACKETI. TIM

Dale:

02/ 11 /20 12

" ~


701 LAUREL ST Menlo Park, CA 94025 650-330-{j300

NARRATIVE 12-1805

SYNOPSIS:

Menlo Park Police officers were dispatched to a report of a male with firearms in front of a business. Upon arrival, the responding officers checked the firearms to ensure they were unloaded. With the gun owners consent, the serial numbers were checked. None of the firearms were determined to be stolen.

NARRATIVE:

On 06/12/2012 at about 0959 hours, I was dispatched to a report ofa male with firearms in front of2825 Sand Hill Road, in the city of Menlo Park in San Mateo County. The subject with the firearms, Michael Zeleny, was recognized by the hotel security from several similar contacts in the past.

When I contacted Zeleny he was not carrying any firearms. He was standing on public property at the front of the hotel, which did not appear to be hotel property. Zeleny consented to a search of his firearms to determine that they were unloaded. Zeleny had two Springfield MI4 rifles laying on the ground, serial numbers 10219 and 10158. Inside of locked cases were five other firearms, all handguns. The handguns were unloaded and locked in some fashion. Two of the handguns were Sig P21 0, serial numbers P79609 and P79136, both 9mm. Another firearm was a Semmerling LM4, serial number 409. The fourth handgun was a Korth 357magnum revolver, serial number 38568. The last handgun was written in a foreign language and was unreadable by this officer. Zeleny said the writing was Farsi.

All the firearms checked clear. I photographed the firearms. Upon my return to the Menlo Park Police Station, I downloaded the photographs onto a department evidence server for storage.

EVIDENCE:

Five photographs of Zeleny and his firearms. Photographs were downloaded onto a Menlo Park P.D. storage server. Four digital recordings with my interactions with Zeleny. Recordings were downloaded onto a Menlo Park P.D. storage server.

RECOMMENDATION:

Case Closed.

Prepared By: Dale: Approved By: D:lIc:

14890 WILSON, ERIC 06/1212012 14969 SOARES, ED 06114/2012

, MENLO PARK POLICE DEPAIHMENT Page 3

70 1 LAUREL ST Menlo Park, CA 94025 650-330-6300

NARRATIVE 12-1 596

SYNOPSIS: Party Michael Zeleny arrived at the corner of 2825 Sand Hill Road to protest outside the business of NEA.

NARRATIVE: On 05-24-12 I responded to assist with an area and welfare check at the business properties of Stanford Management where Party Michael Zeleny set up a visual protest in front of 2825 Sand Hill Road.

While Officer Poirier was conducting check of the weapons in the possession of Zeleny I made contact and began talking with Zeleny. The conversation was recorded and booked into the Menlo Park secure server. A synopsis of the conversation follows:

Zeleny spoke about the various cameras he has and explained he is currently attempting to learn cinematography but prefers still shots. Zeleny has ordered a new tripod for the video camera he has to assist with capturing videos for production and placement on the internet.

Zeleny remarked that he recently moved to an apartment "down the street", pointing eastbound down Sand Hill, to "be near my friends." I asked Zeleny if this was an instance of "keep your friends close and your enemies closer?" Zeleny responded, "I don't like to the think that I have enemies" and went on to say, "I have no ill will towards anybody."

I asked Zeleny about the poster of a hand painted bear mixed in between the posters of the CEO's. Zeleny explained the bear represented an international symbol for pedophiles and suggested I conduct a Google search of " pedobear" and read the Wikipedia article on it. I asked Zeleny if he wrote the Wikipedia article himself and he replied, "No, I've been banned from Wikipedia."

Zeleny then began laughing and explained this was "why I have to develop my own social media ... I don't uh, I don't play nice with others, you can see why." Zeleny did state he has been using Facebook a lot recently to communicate with others.

Zeleny also spoke about prior employment, explaining he worked for approximately 6 1/2 years at various locations. I asked Zeleny where he worked and he stated he worked for the University of Chicago which he quickly corrected to the University of Illinois, then BlueCrossBlue Shield when they were non-profit, as well as the Illinois Law Enforcement Commission, and Inference. Zeleny provided another location; however, I was unable to understand what he said. Later in the conversation, Zeleny explained he aided in the development of the DIS software system around 1982 as well as automating police reports and incident reports.

While speaking with him, Zeleny stated he would be "taking the weekend off" while he spent the long holiday weekend with his girlfriend. Zeleny explained his girlfriend was completing

Ilrepnrcd Uy: Dille:

14048 BY ARS, FELICIA 05/24/20 12

App roved By:

14757 BRACKETT, TIM

Date:

05/25/2012

ME!'iLO PARK POLICE DEPARTMENT

701 LAUREL ST Menlo Park, CA 94025 650-330-jj300

NARRATIVE

Page 4

12-1596

her PliO exams tomorrow and they would spend the long holiday weekend together afterwards, but he was not sure if she was coming to Palo Alto or if he was going to Los Angeles to meet her.

We then talked about his educational background. Zeleny explained he went to UCLA and then Harvard. Zeleny stated he started a PhD program in Philosophy, but he insulted his department head after they fi red his advisor. 1 pOinted out to Zeleny 1 saw a pattern in his behavior. Zeleny chuckled and nodded his head in agreement.

1 asked Zeleny what his girlfriend was going to do when she finished and he laughed as he stated he hoped she would support him. 1 then asked Zeleny if he was going to marry his girlfriend and he stated he wanted to, but she would not marry him "until 1 finished this." Zeleny explained he was getting death threats via the phone which worried his girlfriend. Zeleny first explained he carried weapons with him because of the death threats; then he corrected himself and expanded his comments explaining he became more concerned after his father was killed in a fire in Los Angeles.

Zeleny went onto spontaneously state, "1 told these people this, apologize, say you have nothing to do with that and everything will be forgotten ... but uh, he chose to flee the country instead," referring to Min Zhu.

1 asked Zeleny, "What's the goal of all this?" Zeleny answered, "1 want an apology ... I'm kind of old fashioned." When I told Zeleny 1 understood that, he explained further, "the only problem with me is, in order to apologize, he would have to admit a crime." 1 pointed out to Zeleny in the justice system people have the ability to plea no-contest without having to admit to a crime. Zeleny rationalized that this occurs when the District Attorney makes a deal and Zeleny could not do that because he is not a District Attorney. I asked Zeleny to confirm he wanted someone to admit, 'Tm gUilty, but I'm sorry." Zeleny responded, 'Til take any kind of acknowledgement" and a rescinding of the "death sentence" he believes is against him.

Zeleny explained he was certain the death threats were coming from people hired by Min Zhu, which started when he and Zhu had a "business dispute." Zeleny explained he was able to verify this because one of the phone calls came from a person who forgot to block his caller id. 1 asked Zeleny if he filed a case with the police department. Zeleny explained he did and the case was on file in Los Angeles, but nothing was being done because the person involved was under the federal government witness protection program for testifying against KPMG in a federal tax fraud prosecution case.

Zeleny went onto to explain he was able to succeed one time when he was a victim of fraud, but most police departments turned him away citing it was a civil matter. Zeleny stated he went to several police departments before he was able to find someone who would file a

Prepared By: Oate:

14048 BYARS, FELICIA 05124/2012

Approved By:

14757 BRACKETT, TIM

Date:

05/25/2012

ME~LO PARK POLICE DEPARTMENT , Page 5


NARRATIVE 12-1 596

_._- -criminal fraud case. - Zeleny explained the suspect pled guilty and received two years in his sentence and Zeleny walked away happy with the results and never filed a civil suit for damages and never contacted the suspect again.

I concluded my conversation with Zeleny and left the scene.

RECOMMENDATIONS: This case is for information purposes only.

Date: Date: Approved By:

14757 BRACKETI, TIM Prepared By:

14048 BYARS, FELICIA 05/25/20 12 05/24/201 2

, MENLO PARK POLlCE DEPARTMENT


SUPPLEMENT 1

Page 6

12-1596

Supplemental Report: O~ 05-24-2012,1 responded to the 2800 hlock ; f Sandhill Rd to assist with thi~ case. Upon arrival I sa\\ Michael ~eleny, v:hom I recognized from previous contacts. I noted that Zeleny was wearing military style tactical clothing and equipment, including a ballistic helmet and vest, additional.ly he had a LRB (MIA style) rifI~ slung across his chest and a large fixed blade knife in a scabbard on his right hip. I made contact With Zeleny, and Sergeant Brackett arrived to assist.

I checked Zeleny's firearms, and obtained permission to search his belongings for additional fuearms. Zeleny was compliant during my contact with him and notified me of the type, quantity and location of all of the firearms he had with him.

The firearms included

• 2, LRB ri.fIes, each chambered in 0308 cal, one with a standard wood stock, and the other with a synthetic tactical stock, a bipod and scope attached.

• 1, Winchester pump action 12 gauge shotgun. • 1, Sig 9mm semi-automatic pistol • 1, 0357 Mag revolver • 1, .45 ACP pump action pistol • 1, 9rnm semi-automatic pistol (with all markings in Farsi , of a Lugar style)

After running records checks on all the weapons (and contacting ATF regarding the weapon with Farsi markings) I found that all returned clear and or registered to Zeleny.

I then took a position across the street from Zeleny (parking lot at 2750 Sandhill) and observed him for some time. Approximately 90 minutes later, I saw a subject approach Zeleny and hand him a white "grocery" type plastic bag, and walk away. Moments later, I saw that same subject drive EfB on Sandhill Rd, stop his vehicle in front of Zeleny and get out of the vehicle and walk over to Zeleny. Zeleny then walked over to the vehicle and got into the driver's seat. I approached the area on foot and ran a records check on the vehicle (_ .

MPPD Dispatch returned that the vehicle came back with confidential status, associated with San Francisco Sheriff's Office, to a David Wong.

Zeleny drove the vehicle EfB on Sandhill Rd, and I contacted the subject who had driven the vehicle to the scene and identified him by his California Driver's License _ as David Kam Pui Wong, the registered owner of the vehicle which Zeleny drove from the scene.

I asked Wong if he was associated with the SFSO, to which he replied yes. I asked Wong what his position was with the SFSO, and he informed me that he was a Deputy Sheriff. I asked Wong if he was armed, and he stated that he was not and that he was presently on Administrative Leave from SFSO. Wong refused to elaborate on why he was on Administrative Leave, but stated that he did not presently have the ability to carry a weapon concealed due to his status with SFSO.

Approximately 30 minutes later, Zeleny returned to the scene in Wong's vehicle. Zeleny exited the

I)rcparcd By: D:lfe:

14592 POIRIER, JASON 05/25/2012

Approved By:

14757 BRACKETT. TIM

Date:

05/25/20 12

" MENLO PARK POLICE DEPARTMENT


SUPPLEMENT 1

vehicle, and Wong drove the vehicle EIB from the scene.

Page 7

12-1596

I was later relieved by Officer Tommei, who observed a subject matching the description of Wong, drive an SUV up to the area where Zeleny had been demonstrating. Officer Tommei observed them load the SUV with Zeleny's items and drive away EIB on Sandhill Rd. Officer Tommei ran a record check on the vehicle that he saw C_ which returned to EAN Holding Group, which he knew to be a rental agency.

Recommendation: I recommend this be attached to the main case file.

Prepared By:

14592 POlRIER, JASON

Date:

05/25/2012

Approved By:

14757 BRACKETr, TIM

Dale;

05/25/2012

NARRATIVE:

Thursday May 24, 2012

ME;\'LO PARK POLICE DEPARTMENT


SUPPLEMENT 2

0935 hrs (Initial Call)

Page 8

12-1 596

I responded to the 2800 block of Sand Hill Rd, Rosewood Hotel, to assist with this investigation. Upon my arrival, I saw Michael Zeleny, whom I know from prior contacts speaking with Officer Poirier. Zeleny was wearing military tactical clothing and equipment. He had a ballistic helmet, vest and multiple weapons. (See Officer Poirier's supplemental report for more details regarding the weapons.) As Officer Poirier continued to speak with Zeleny, I took 4 photographs of Zeleny's weapons and later booked them into the Menlo Park Police Department secure media server.

I then directed Officer Poirier to take a position and watch Zeleny throughtout the day to make sure

Zeleny stays within the guidelines that have been expressed to him.

EVIDENCE:

The following items were booked into the Menlo Park Police Department secure media server:

• 4 digital photographs of Zeleny's firearms.

RECOMMENDATIONS:

Please attach this report to Officer Byars' original case, 12-1596.

Date: Date: Approved By:

14437 PI-ru, PAUL Prepared By:

14757 BRACKETT. TIM 05/25/20 12

05/25/20 12

ME,\,LO PARK POLICE DEPARTMENT Page 3


NARRATIVE 10-2666

-SYNOPSIS:

Officers met with PIMichael Zeleny at NEA located at 2855 Sand Hill Road, In Menlo Park. Zeleny planned to conduct a protest in front ofNEA with regards to a former investor in the company. Zeleny had a semi-auto handgun, unloaded, in a light brown leather holster, slung across his chest. Zeleny stated that he was going to postpone his protest until the following day and left the property. Case taken for informational purposes only.

NARRATIVE:

On 09/2711 0, at approximately 0930 hours, I was dispatched to NEA, a company located in Menlo Park at 2855 Sand Hill Road, for a report of a planned protest. The protest was to be carried out by PlMichael Zeleny.

At approximately 1130 hours, Zeleny arrived in a 2005 Maroon Cadillac. He approached me and asked if I was there because of him. I observed that Zeleny had a light brown leather holster on his left side, which was slung across his shoulder. Inside of the holster, I could see that there was a fuearm. Zeleny asked me if I wanted to inspect the weapon and angled his left side towards me so I could removed the weapon from his holster and inspect it. As I inspected the weapon, I noted that it was a black semi-auto pistol and that it was empty. I then placed the gun back into Zeleny's holster.

I asked Zeleny if he wanted to discuss his plan for the day. Acting Sergeant Brackett arrived on-scene as well and met with Zeleny. Zeleny told me that some signage he had been waiting for was not ready and that he would be conducting his protest the following day on 09/2811 0 at approximately 0900 hours. Zeleny stated that he planned to have a musician show up and eventually a full band later in the day. Further, Zeleny advised that he was aware oflaws regarding open-carry and his planned protest. He further added that he would abide by those laws. It should be noted that during my discussion with Zeleny he had a videographer filming the entire meeting. Zeleny has nothing further.

RECOMMENDATIONS:

Case taken for informational purposes only.

Prepared By:

14778 FOY, JEREMY

Date: Dale: Approved By:

14757 BRACKETr, TIM 09/2912010 09/27/20 10

\ \ \

Bertini, David C

From: Sent: To: Subject: Attachments:

From: O'Connor, Dani

Roberts, Bryan A Tuesday, June 26,2012 9:43 AM Bertini, David C; Burt, Lacey A

FW: Notice of Peaceful Protests in the San Francisco Bay Area protestJpg; childJapist.jpg; TOOL1.jpg; TOOL2Jpg; NEA Banner.JPG; NEA l.jpg; webex l.jpg

sent: Monday, June 25, 2012 5:48 PM To: Roberts, Bryan A Subject: FW: Notice of Peaceful Protests in the San Francisco Bay Area

From: Michael Zeleny [mailto:[email protected]] sent: Monday, June 25, 2012 2:41 PM To: Jennifer Tejada; Greg Munks; btsmith@sbcglobaLnet; [email protected]; [email protected]; Police Chief; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] . Cc: David W. Affeld; Michael D. Pin nisi; Hawk, Robert B.; Arno Penzias; Brooke Seawell; Subrah Iyar; Forest Baskett; Scott Sandell; Sigrid Van Bladel; Peter Sonsini; Dick Kramlich; Robert Garland; Louis Citron; Jake Nunn; Dan Primack Subject: Notice of Peaceful-Protests in the-San Francisco BayArea ----

Dear Bay Area law enforcement personnel,

Over the following year, I shall reside .and appear in your jurisdictions, exercising my fundamental rights under the First and Second Amendments to the Constitution of the United States in the course of ongoing peaceful public protests, as documented at http://www.subrah.com/ and http://iarvatus.livejournal.com/tag/webex. The attached images and the-article "Man with semi-automatic weapon protests on Sand Hill", published in-a local newspaper, should give you an adequate idea concerning the parameters of my performances.

I conduct my protests in response to independently witnessed and officially documented death threats made against me and my family in order to deter us from pursuing claims recorded in a lawsuit subsequently filed in California Superior Court, County of Santa Clara as case No. 1-02-CV-809286, Zeleny v. Zhu and WebEx., in the names and on the behalves of Min Zhu and Web Ex Communications, Inc. The evidence of these threats and their gravity sufficed for Judge Adajian of Los Angeles Superior Court to acquit me on 11 April 2003 of weapons carry charges on the grounds of necessity, in a bench trial of case No. 2CR11665. In accounting for his acquittal, he ruled:

He wouldn't get a gun permit. He wouldn't g.et a gun permit. We just don't issue those in L.A. unless you're a movie star or somebody who shouldn't have one. But they manage to get one. Attorney's [sic.] should have one. I couldn't get one when I was an attorney. I know when I became a judge, a responsible person, I was able to get one. Not as an attorney. I think he had a good-faith belief in the threat. He did go to the police. He did do the right thing.

1

Ten months after this decision, my father Isaak Zelyony, plaintiff in a related lawsuit No. 1-02-CV-810705, styled Zelyony v. Zhu, suffered fatal injuries in an apartment fire that appeared to start at two locations at once. My father was important to me. I am seeking amends for unlawful threats of violence that were followed by his violent death under suspicious circumstances. I am protesting the ongoing institutional and individual support of a violent sexual deviant, who represents a grave personal threat to me and my family.

As law enforcement officers, you are well placed to assess my situation. For starters, you might consult the 1988 sealed police report of childhood sexual abuse made by Min Zhu's then 14 year-old daughter"Erin. On numerous occasions Erin recounted Min's prior use of the terms thaffailed to dissuade me from pursuing my claim against him and his company, to persuade her to yield to his sexual advances. Her subsequent complaints of her molestation by Min Zhu can be found on newsgroup alt.sexual.abuse.recovery via Google Groups search for the terms "Erin Zhu sexual abuse". Additionally, they can be found along with her draft complaint against Min Zhu for childhood sexual abuse, her email correspondence with Blixa Bargeld to that effect, and various declarations by third parties attesting to the same facts, as matters of public record in Santa Clara Superior Court case 1-02-CV-809286, Zeleny v. Zhu & WebEx. Erin Zhu has authenticated the accounts of her rape by her father that she had authored and relayed or publicized, in sworn depositions in that case. Moreover, in a sworn deposition taken by John Walton on 3 November 2003, in Zelyony v. Zhu, Santa Clara Superior Court Case Number CV-81 0705, she confirmed under oath having settled her childhood sexual abuse claim against her father Min Zhu for $300,000, paying her lawyer David Affeld a contingency fee of 2.5%. She admitted having participated in the preparation of the draft complaint, which included a graphic description of her rape by Min Zhu. She acknowledged that after she settled her claim against them, her parents made her the beneficiary of a trust; and although she denied linking it to the settlement, she later settled a claim by her lawyer, who sued her for a contingency fee portion of the trust While denying on that occ~~io£l !~at b~E_C."hU9bq9~""~~?<Y~L~.~_':l~~_~YJ1_~rf9Jh~r_"-irivolved--w·penefratlon" , -Erin -Zhuco-ntTrm-eCi unde-i-oath having told her lawyer when they prepared the draftcomplaint that it did involve penetration, and never having told him otherwise; and she further confirmed under oath that this sexual abuse occurred between 1 and 20 times. I urge you to consult the relevant parts of the transcript of Erin Zhu's referenced deposition, as entered in evidence and permanently consigned to the public record in NEA v. Zeleny, San Mateo Superior Court Case No. CIV499465, in the context of California Penal Code Section 263 providing: liThe essential guilt of rape consists in the outrage to the person and feelings of the victim of the rape. Any sexual penetration, however slight, is sufficient to complete the crime."

My revelations of these facts failed to diminish the support of Min Zhu by the Menlo Park venture capital firm New Enterprise Associates (NEA). By NEA's accounts, its business relationship with Min Zhu began in 1999 when it invested in the company that he founded, WebEx Communications, Inc. According to SEC filings, NEA's General Partner Scott Sandell was on the Board of Directors of WebEx until February 2002. In his sworn declaration Sandell testified that "Min Zhu was a consultant at NEA, with the title Venture Partner, from March 17 2004 through March 2008." NEA has acknowledged that in 2004 I emailed them about Erin Zhu's claims concerning her childhood sexual abuse by her father Min Zhu. In my communications I pointed out that Erin verified under oath having made these claims between 1991 and 2001 in conversation with her friends, associates, and employees; in public Usenet postings and letters to her husband Blixa Bargeld; and in statements to her lawyer David Affeld in connection with the claim for childhood sexual abuse that he presented to her parents and settled on her behalf. My notices went unanswered and had no effect on NEA's support of Min Zhu and his position at WebEx. Min Zhu resigned from WebEx and fled the United States to China only after I exposed him as a child rapist at the WebEx User Conference in San Francisco, on 2 May 2005. Yet in September of the same year, NEA funded Min Zhu's next venture in China, in full knowledge of the foregoing events. Witness this pointed observation published by China

2

Venture News on 23 September 2005: "What's missing in the Private Equity Online article or any NEA release is any mention of the previous controversy surrounding NEA's venture partner, Min Zhu, who joined NEA in 2004, after his forced resignation as WebEx President and Director." Another side of MinZhu's_characteris captured in the 2007 report of a joint investigation of WebEx by FBI and NSA, which found it illicitly transferring the records of its customers' confidential communications to China. To connect the dots, NEA's knowing sponsorship of a duplicitous child rapist has been an open secret in the venture capital community for over seven years. This is especially noteworthy in an industry, whose foundations can be shaken by a female partner's displeasure at receiving a copy of Leonard Cohen's The Book of Longing from her male colleague.

According to Min Zhu, as of 2008, NEA continued to invest money in his company Cybernaut. I have no reason to doubt that their business relationship has continued to this day. By all accounts, Min Zhu has established himself as an excellent profit earner, inspiring investments from numerous profitseeking institutions and individuals undeterred by scruples about his character. In bringing to light its defects, I look forward to finding out, how far the turpitude of Silicon Valley capital is matched by its shamelessness.

Please be assured that I am sensitive to your concerns for public safety. Accordingly, in the course of my Constitutionally protected activities, I pledge to abstain from any unlawful actions, including, without limitation, the following:

• loading any firearms .in the absence of a reasonable fear for life or limb; • deploying or firing any deadly weapons or firearms in the absence of a clear and present

danger to life or limb; • making any threats of unlawful violence, including, but not limited to, drawing or exhibiting any

9_~~~ly __ ~_~~lJ~.Qrt_~.QrJir~~rl11~ .in thepr~s.~!1G?_Qf§flQtb_E?rp~rS9n, iJJ_a_f!JQ§L ~ngry,_ Qr threatening manner;

• stalking, accosting, or harassing any individual, including, but not limited to, making harassing telephone calls to any individual or institution, or sending harassing correspondence to any individual or institution by any means;

• making any statement or engaging in a course of conduct that would place a reasonable person in fear for his or her safety, or the safety of his or her immediate family, and that serves no legitimate purpose;

• capturing visual images or audio recordings of any individual who has a reasonable expectation of privacy, or otherwise attempting to frustrate such an expectation.-

I am pleased to point out that my prior events in San Diego, Milpitas, Menlo Park, and Santa Clara were unmarked by any disturbances. I hope that the same will be the case on this occasion of scaling up my activities. within the bounds of legitimacy sanctioned by the authorities of the United States Court of Appeals for the Ninth Circuit and the United States Supreme Court. Owing to substantial gains in my quest for legitimate remedies, my protests shall include topical artistic performances by bagpipers, clowns, rappers, and a brass band. I shall employ portable generators, high-intensity floodlights, and night vision devices to discover the identities and whereabouts of other friends and supporters of Min Zhu. It is my position that the mounting of these performances and the use of these instruments are protected under the First Amendment, and therefore are not subject to local permit requirements. However, as an accommodation provided in the spirit of courtesy, I shall consider reasonable requests for placing time, place, and manner constraints on my performances on a caseby-case basis. Lastly, I continue to claim the right protected by the First Amendment, to hold press conferences at the sites of our protests and to film all passerby there being questioned as to their opinion of their subject matter. I hope to forestall dangerous misunderstandings and futile litigation bound to be costly and disappointing to your taxpayers by giving you this advance notice of our plan.

3

My protests will take place, without li.mitation, at the public grounds adjacent to the following institutions and residences:

1. New Enterprise Associates (NEA), 2855 Sand Hill Road, Menlo Park, CA 94025; 2. Cisco/W ebEx, 3979 Freedom Circle, Santa Clara, CA 95054; 3. Silk Road Software & Services, Inc. (SRS2), One Market Street. San Francisco, CA 94105; 4. Subrah and Rupar Iyar, 15292 Kennedy Rd, Unit A, Los Gatos, CA 95032; 5. Scott Sandell, 120 Deer Meadow Ln, Portola Valley, CA 94028; 6. Forest Baskett, 24 Alexander Ave, Sausalito, CA 94965; 7. Robert J. Garland, 636 Melville Ave, Palo Alto, CA 94301; 8. C. Richard Kramlich, 3699 Washington St, San Francisco, CA 94118; 9. Jake R. Nunn, 2120 Ashton Ave, Menlo Park. CA 94025; 10.Arno Allan Penzias, 19 Calle Del Mar. Stinson Beach, CA 94970; 11. Brooke A. Seawell, 1155 Trinity Dr,. Menlo Park, CA 94025; 12. Peter Sonsini, 350 Olive St. Menlo Park, CA 94025; and 13. Sigrid Van Bladel, 1338 Masonic Ave, San FranCisco. CA 94117.

This list will be extended and updated in future online postings and email communications. My protests will continue until I receive full satisfaction for Min Zhu's offenses against me and my family. All concerned parties may address their communications to my lawyers Michael D. Pinnisi <[email protected]>, Pinnisi & Anderson, 410 East Upland Road, Ithaca, NY 14850, phone: (607) 257-8000, and David W. Affeld <[email protected]>, Affeld Grivakes Zucker LLP, 12400 Wilshire Boulevard, Suite 1180, Los Angeles CA 90025, phone: (310) 979-8700, fax: (310) 979-8701. I may be reached at the number listed below.

[email protected] ---- http://iarvatus.livejournal.com/---- http://www.subrah.com [email protected],edu I 7576 Willow Glen Rd, Los Angeles, CA 90046 I 213.290.4699 Wronged by the high and mighty? Cut them down to size with legally safe and ethically sound degradation of unworthy moguls and scrofulous celebrities.

4

In researching Zeleny's websites, I came across the following photos:

rlp'~rrihes the weapons as ' himself as a protestor for hire.

DATE: May 29,2012

TO: Chief Roberts

FROM: Commander D. Bertini

SUBJECT: Michael Zeleny

On 5-24-12, Michael Zeleny returned to the property in front of NEA and the Rosewood Hotel, located at 2825 Sand Hill Road in Menlo Park. This was part of an ongoing protest against persons involved with the NEA venture capitalist corporation. Since the enactment of the prohibition for "open carry" of handguns, Zeleny has begun to carry long rifles and shotguns on his person. On this particular day, Zeleny was clad in military style tactical clothing and equipment including a ballistic helmet and ballistic vest. He also had an LRB (M1A style)

- military-rifle slung across-his chest-and--Iarge-fixed blade-knife-in a-scabbardon-- --his right hip.

Zeleny was cooperative when officers arrived and asked consent to search the rest of his possessions for weapons. The following is a list of weapons Zeleny had in his possession on this day:

• 2 rifles, make LRB semi auto, 1 has a bi-pod and scope with tactical stock • 1 Winchester pump action shot gun • 1 357 magnum revolver • 1 .45 caliber ACP pump ~ction pistol • 1 Sig Saur 9mm semi-auto pistol • 1 semi auto 9mm pistol of foreign make markings unknown Middle

Eastern dialect

All of the weapons were unloaded and registered to Zeleny. He had more than 500 rounds of various types of ammunition, many of which were loaded in magazines for the various weapons mentioned above. The handguns were stored in a clear plastic and locked gun case, with ammunition included in that case.

In speaking with Assistant District Attorney AI Serrato, we determined that Zeleny was not in violation of section 26350 PC for either the rifles and shot guns, nor for the handguns, since they were being stored in a locked gun bag.

Below is a photo of Zeleny at a past protest:

Below are photos of the weapons he possessed on this day:

I -,-----

LAW ENFORCEMENT ICS

INCIDENT ACTION PLAN

INCIDENT COMMANDER: Sergeant Kaufman

OPERATIONS: Sergeant Kaufman

LOGISTICS: Sergeant Kaufman

Response to Michael Zeleny and Associates Planned Demonstration

OPERATIONAL PERIOD: Monday, April 18, 201 1 - Open Ended

--_ . ....,..

DATE PREPARED: 04/08/2011

INCIDENT BRIEFING

1. INCIDENT NAME 2. DATE

Michael Zeleny and Associates Planned Demonstration PREPARED Apri l 16, 2011

4. OPERATIONAL PERIOD (DATEffIME)

Monday April 18, 2011 open ended

5. MAP SKETCH

3. TIME PREPARED

1300

7. RESOURCE SUMMARY

RESOURCES ORDERED RESOURCE IDENTIFICATION ETA ON SCENE LOCATION

Traffic Group Menlo Park Police Yes FireIMedical Branch Menlo Park Fire No

8. MEDICAL PLAN

8a. MEDICAL AID ST A TIONSIMEDICAL EVALUATION VEHICLES

(HELICOPTER/AMBULANCE)

DESTGNA TIONfTYPE BASE/STAND-BY CONTAIT PARAMEDIC

RADIO RADIO FREQ . FREQ.

. ~~: . t:!QS~IT~ . - - ~ -- ---- -- - ,- -~ -- _ .. ~ --- ~--- - - .-

NAME & ADDRESS CONTACT TRANS HEll BURN TRAUMA

Stanford Medical Center PORT PAD CENTER CENTER TIME EQUIP

300 Pastuer Dr. 6 min Yes No Yes

Palo Alto, CA Yes

Se. PROCEDURE TO ACCESS MEDICAL ASSISTANCE/ACCESS ROUTES

-

PAGE 3 201 LEICS

9. SUMMARY OF ACTIONSIUNIT ACTIVITY LOG

10. UNITNAMEIDESIGNATOR 11. UNIT LEADER (NAME & POSITION) 12. OPERATIONAL PERIOD (DATEfI1ME)

Michael Zeleny/ Assoc demonstration Sgt. Sharon Kaufman April 18, 2011 Unknown

13. ASSIGNED PERSONNEL

NAME ICSPosmON AGENCY/STATION TIME TIME IN OliT

Commander Jaime Romero IC Menlo Park Police

Sergeant Sharon Kaufman OPS Menlo Park Police

Sergeant Ortega Planning

TIME 14. MAJOR EVENTS

0600 MPPD Briefing of Patrol Personnel

0700 Dr. Elizabeth Mahler presents workup to Staff on demonstrator Zeleny

0800 Monitor location for demonstrator arrival

Arrival Sgt. Kaufman and Ortega will conduct a safety check of the weapon

Ongoing Patrol will make passing patrol checks, respond to calls and monitor activities

~ ~ ~ ~ ------ - ~--

~~ ~ -~ . --- -. -~

-~ - -.-~-~- - --- ---- ~

15. PREPARED BY (NMfEIPOSITION) 1 DATFlTIME 1 PAGE4 1201 LEICS

Sgt. Sharon Kaufman 04116111 1300hrs

INCIDENT OBJECTIVES

1. INCIDENT NAME 12. DATE PREPARED I \ 3Th~E PREPARED Michael Zeleny and Associates Demonstration April 16; 201 . Operational Periods - First (only) Monday April 18, 2011 Open Ended 5. GENERAL OBJECTIVES FOR THE INCIDENT (INCLUDE ALTERNATNES)

Description: Michael Zeleny has protested the NEA sight for a couple of years now. His protest

surrounds the employment of Subrah Iyar's employment by Cisco/WebEx, Scott Sandell's employment

by NEA, and the association of these individuals and their employers with Min Zhu. This all started

as a personal matter that had affects on business dealings with all of these individuals.

Objective:

1. Ensure the safety of patrons to the Rosewood Hotel and all surrounding businesses.

2. Ensure that demonstrators are not hindering the flow of pedestrian and/or vehicular traffic.

3. Conduct daily weapons safety check if he decides to proceed with his plan of "open carry"

4. Officers will respond to all calls for service and make passing spot checks to monitor compliance

. ~-with -local cityordinances~ . - -~ ---- ---_ .. - ~-- ---- _r_ . __ --- ~ - - - -

6. WEATHER FORECAST FOR OPERATIONAL PERIOD.

N/A

7. OFFICER SAFETY INFORMATION

Mr. Zeleny carries his weapon on a sling around his shoulder with a bandoleer containing the

ammunition. Officers must be aware that he could load that weapon at any time. He also likes to video

tape and record all contact with law enforcement. Officers mllstinake sure that all contacts' are audio

recorded. If any law enforcement action takes place, it will be video recorded as well.

8. A TI ACHMENTS (X IF ATTACHED)

o INCIDENT MAP

ORGANIZATION ASSIGNMENTS

1. INCIDENT NAME 2. DATE PREPARED 3. TIME PREPARED 4. OPERATIONAL PERIOD

Michael Zeleny and Assoc (DATElTlME) .

Planned demonstration April 16.2011 1300 hours Monday April 18, 2011

Open Ended 5. INCIDENT COMMANDER AND STAFF 9. OPERATIONS BRANCH

INCIDENT COMMANDER POSITION OIC NAME

Commander Jaime Romero Sgt. Sharon Kaufman

DEPUfY INCIDENT COMMANDER

PUBLIC INFORMATION OFFICER Nicole Acker

LIAISON OFFICER

6. AGENCY REPRESENTATIVES

AGENCY NAME

7. PLANNINGIINTELllGENCE SECTION

PlanslIntelOIC Sgt. Matt Ortega

Motorcade Intel -. .-. --.- --.--~ ... • -+ • - --.- . - - .. --~- --- - -- ---. ~ .- --- - --, --.- --- -~--. - -- ---

Intel Analyst

8. LOGISTICS SECTION 10. ANANCE SECfrON

POSITION OIC NAME

DEPUTYOIC

A. SUPPORT BRANCH

OIC

.-.

B. SERVICE BRANCH 11. MISC.

OIC

C. PERSONNEL BRANCH

OIC

RADIO COMMUNICATION PLAN 1. INCIDENT NAME 2. DATE PREPARED 3.TIME PREPARED 6. OPERATIONAL Michael Zeleny and April 16. 2011 1300 PERIOD Assoc demonstration Monday April 18, 20 II

Open Ended 5. BASIC RADIO CHANNEL UTILIZATION

AGENCY I DIVISION CHANNEL FUNCTION FREQUENCY ASSIGNMENT REMARKS

Menlo Park Police Primary

Fire/Medical Branch Control one

Officer David Apple Primary Patrol Patrol

Officer Jeffrey Cooley Primary Patrol Patrol Officer Tony Mendoza Primary Patrol Patrol Officer Burke Bruttig Primary Patrol Patrol Officer Eric Wilson Primary Patrol Patrol Officer Rolando Igno Primary Patrol Patrol

- .~- ---.--- --- . - -"-- . --- -_. ~ -.. .- .-... _ .. , -... - - " ---~

••. r -

-

PREPARED BY (NAME/POSITION) PAGE 9

Sgt. Sharon Kaufman

PUBLIC INFORMATION SUMMARY - INCIDENT STATUS

1. NAME

Michael Zeleny and Assoc Demonstration

4. LOCATION/JURISDICITON

Menlo Park

8. AREAS INVOLVED

2855 Sand Hill Rd

9. AGENCIES RESOURCES

2. TYPE

5. INCIDENT COMrvlANDER

Commander Jaime Romero

Menlo Park Fire Protection District

10. CASUALTIES

A. INCIDENT PERSONNEL INJURIES B. PUBUC

a. Injuries

b. Fatalities

~lL-DAMAGE ESTIMATES

A. PUBUC $

a.

b.

B. PRIVATE $

12. WARNJNGS - EXPECTED HAZARDS

LOCATION TYPE PERIOD

13. CURRENfWEATHER FORECAST WEATHER

3. CAUSE

6. STARTTIME 7. CLOSE mvIE

Open Ended

14. AREAS EVACUATED

None

15. SHELTER CENTERS

16. HOSPITAUCONTACT PERSON

- --17. -ROAD STATUS

18. MISCELLANEOUS

19. PIO PHONES

LOCATION

21. PREPARED BY Sgl. Sharon Kaufman

DA TEITIME April 16,2011 1300 hours

DIVISIONIUNIT ASSIGNMENT LIST 1. INCIDENT NAME 2. DIVISIONIUNIT

Michael Zeleny Demonstration Traffic Unit - -Operational Period - One (only) 4. DATE PREPARED 5. TIME PREPARED

Monday April 18, 2011 Open ended April 16, 2011 1300

6. OPERATIONS PERSONNEL

PlanslIntell Ole Sgt. Sharon Kaufman I DMSIQN!GROUP Ole BRANCHOIC

7. RESOURCES ASSIGNED THIS PERIOD

TASKFORC~OURCE LEADER NUMBER TRANS. INSERTION POINT AND EXTRACTION POINT & DESIGNATOR PERSON NEEDED TIME TIME

ole S~. Sharon Kaufman One Yes 0600 1800

8. OPERATIONS

ROAD CLOSURES I RACE COURSE ROUTE

-- - . --- '.- ~--- - --- _£. .-. ---- ---- 0- _ - - ~-- - -- .- -0 .- - - - --~- - ---- --- 0-

9. SPECIAL INSTRUCTIONS

Any and all police action must be cleared by the OIC. As long as tbe demonstration is peaceful and no local city ordinances, or laws are being violated, Mr. Zeleny is legally able to conduct his demonstration.

10. COMMUNICATIONS SUMMARY

FUNCTION FREQ. CHANNEL FUNCTION FREQ. CHANNEL PRIMARY ADMIN I PRIMARY

COMMAND LOGISITCS

DIVIS IONI GROUP

TACTICAL

SPECIAL INSTRUCTIONS

to. PREPARED BY 12. APPROVED BY 204 LEICS

Sgt. Sharon Kaufman ___ ~o:- \ l<Mtf \j

(") :;r-ID CD -N CD -CD ::J '<

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