EVIDENCE - RELEVANT INFORMATION
The Fourth Amendment of the United States Constitution states the FBI must have “probable cause” and not merely “probable suspicion” in order to legally initiate an investigation of an American citizen. The FBI Legal Handbook (based upon Domestic Investigations and Operations Guide (DIOG)) section 1-2 states that “probable cause” can be established based on “relevant information”. The definition of relevant information is “any relevant, reliable, legally obtained information” .
A review of the entire body of “evidence” contained in RTP, FBI and ICE files at the time of HOBBS’ arrest will confirm that probable cause was not possible. The entire body of relevant evidence contained in or referenced in all investigators case files consists of the following;
1. April 11, 2013 delivery van registration printout
2. 2009 passport photo of HOBBS
3. Criminal record of HOBBS - NONE
4. June 3, 2013 and June 5, 2013 FBI-LA and NOJA illegal interrogations of the THAI VICTIM
5. December 19, 2013 orange motorcycle registration
6. December 24, 2013 RTP interrogation of the THAI VICTIM
7. March 27, 2014 RTP interrogation of the alleged/falsified CAMBODIAN VICTIM
8. March 31, 2014 RTP interrogation of FBI informant NOJA
9. Photos of HOBBS at MIDTOWN, driving the van or orange motorcycle - NONE
10. Photos or evidence of HOBBS with minor children - NONE
11. Photos or evidence of HOBBS at any crime scene - NONE
12. Independent collaborating witnesses - NONE
7.1 EVIDENCE #1 – APRIL 11, 2013 VAN REGISTRATION:
Not one witness has confirmed HOBBS ever lived or spent time at MIDTOWN, drove the orange motorcycle and not one photo of HOBBS at MIDTOWN or driving the van or the orange motorcycle exists. Thus the van registration is the only document in FBI-LA or RTP files that could possibly establish the identity of HOBBS and a possible connection to MIDTOWN to establish a “probable cause full investigation”.
Examining this document raises the following questions;
1. Where did this document come from? CHS NOJA
2. Who provided it to CHS NOJA? Pol. Arnon Infong
3. Was there a legally authorized RTP investigation when this document was obtained? NO
4. Is this document therefore a legally obtained document? NO
5. Did the FBI use this document as probable cause to open an investigation? YES
6. Who provided this document to the FBI? CHS NOJA
7. Is this document factually accurate? YES
8. How did the FBI confirm its authenticity? Not possible, obtained illegally
9. Is this evidentiary document incriminating or exculpatory? EXCULPATORY
The identity of HOBBS was obtained from the delivery van registration that was printed by police Arnon Infong on April 11, 2013 and eight months before RTP were made aware of any crime. Based upon this single piece of information, RTP testimony confirms that the FBI-LA proceeded to provide directly to their CHS NOJA the criminal record and 2009 passport information of an American citizen in violation of the Privacy Act. This occurred on or about June 3, 2013 as recorded in FBI-LA files as HOBBS’ 2009 passport photo and Florida drivers license photo were the only photos available for identification during the FBI-LA’s and NOJA’s interrogations in June 2013.
The proof that the van registration document was seen and used by FBI-LA in their case files to establish HOBBS’ identity and probable cause is that the FBI-LA in the very first Electronic Communication (EC) upon opening the case on June 10, 2013 identified the work place address of HOBBS as Sindhorn Tower in Bangkok [page 5] which is shown on the van registration.
The only possible sources of this incorrect work address information is HOBBS’ work permit which neither the FBI-LA or RTP had obtained or the van registration. Therefore, the only possibility for the FBI-LA to have made this incorrect determination was to have obtained this address from that listed on the van registration printed on April 11, 2013, eight months before RTP initiated an investigation. The address on the registration was required to be the address listed on HOBBS’ work permit and is the address of his former employer, Marubeni Corporation and has nothing to do with his actual address at Sukhumvit Soi 11, Bangkok or the address of his wife and son in Jomtien Beach.
Furthermore, since the address on the van registration does not match and is 140 kilometers from the crime scene, this document does far more to provide exculpatory evidence than any form of incriminating evidence to establish probable cause.
Completely without any explanation other than it was the FBI-LA’s predisposition to have HOBBS arrested by RTP, when the FBI-LA and their paid informant reported the crimes to RTP eleven months later, they alleged not that he lived at Sindhorn Tower in Bangkok as this evidence showed but rather reported falsely that HOBBS lived 140 kilometers away at MIDTOWN.
The initial complaints and arrest warrant and all RTP documents state a residential address of HOBBS to be MIDTOWN which is contrary to the only evidence and FBI-LA’s records. It can only be that this information was either withheld from the RTP or the RTP were misled by FBI-LA and their paid informant’s false testimony.
ICE records confirm on February 5, 2014 that HOBBS worked at Sindhorn Tower in Bangkok [page 11] the same address as the van registration lending further support that HOBBS did not live in Pattaya but this information was also not shared with RTP.
The credibility and strength of the van registration being used as possible evidence is also very questionable since the van registration was printed April 11, 2013 which is a minimum of three months after the crimes had taken place. A vehicle parked in the vicinity of a crime scene that consists of a 39 identical unit townhouse complex, three months after the crimes had taken place, registered 150 kilometers from the crime scene can only be considered circumstantial at best and in no way could be considered “credible evidence” to establish probable cause for an investigation.
7.2 EVIDENCE #2 – 2009 PASSPORT PHOTO OF HOBBS:
The 2009 passport photo of HOBBS was secured because his identity was obtained from the delivery van registration only. This photo together with HOBBS’ criminal record were provided directly to a private Thai citizen NOJA in violation of the Privacy Act.
However, RTP and FBI records show that neither the THAI VICTIM or CAMBODIAN VICTIM ever signed this identifying photo of HOBBS. The THAI VICTIM did not positively identify this photo during the FBI-LA interrogation in June 2013 otherwise HOBBS would have been arrested.
On December 24, 2013, when RTP attempted the same identification with the THAI VICTIM using the same photo, the THAI VICTIM once again did not identify HOBBS and requested to see more photos [page 15] . On March 27, 2014 the CAMBODIAN VICTIM did not sign a photo from HOBBS’ passport but instead signed photos RTP had obtained on December 26, 2013 from Immigration after the THAI VICTIM failed to identify HOBBS.
Although FBI-LA, NOJA and RTP all refer to a photo of HOBBS with a beard (2009 passport photo) as being used to identify HOBBS, the RTP file does not contain a copy of this photo as it was never provided legally to RTP via a request to FBI-LA and neither VICTIM ever identified this photo.
7.3 EVIDENCE #3 – CRIMINAL RECORD OF HOBBS (NONE):
RTP have recorded that NOJA had obtained directly from the US Embassy a copy of HOBBS’ criminal record in violation of the Privacy Act. HOBBS has no criminal record of any kind and thus this evidence is also exculpatory.
7.4 EVIDENCE #4 – JUNE 3, 2013 AND JUNE 5, 2013 FBI-LA AND NOJA INTERROGATIONS OF THAI VICTIM:
The most important evidence used by the FBI to establish “probable cause” is the unsubstantiated and alleged statements of the THAI VICTIM only that was obtained during two illegal interrogations at ICE’s funded center ATCC on June 3, 2013 and again on June 5, 2013. [pages 2-3, 85-87]
Since these interrogations of THAI VICTIM were conducted illegally outside the law in Thailand, the testimony was obtained illegally and cannot be used as the basis for the establishment of probable cause under US law. The very reason for requiring evidence for establishing probable cause be obtained legally is to assure that the evidence is properly documented in accordance with legal evidence rules and verifiable.
Since there is no legal record of these interrogations outside of FBI-LA’s records, there are six substantiating facts that confirm that the FBI-LA’s allegations that the THAI VICTIM identified HOBBS in June 2013 are false;
If the THAI VICTIM had clearly identified HOBBS, then an arrest would have been made in June 2013 and not one year later on June 8, 2014. If RTP had known of the crimes and interrogation, it would have been dereliction of duty for both FBI-LA and RTP not to have investigated and arrested the perpetrator immediately after being informed and the perpetrator positively identified. For the RTP to have intentionally waited one full year to arrest the perpetrator when the location of the crime scene was known, the description of the crimes detailed, the orange motorcycle could be seen at MIDTOWN and the perpetrator was positively identified would be dereliction of duty
There is no identification photographic document of HOBBS signed by the THAI VICTIM in either RTP or FBI-LA case files. The testimony of the THAI VICTIM on December 24, 2013 only includes a report detailing the crimes and no signed photo identification record.
The normal practice in RTP questioning is to obtain a signed photo identification. The photo identification similar to that included with the CAMBODIAN VICTIM’S record obtained 14 months later on March 27, 2014 and also that included in STRIKE’s arrest report of September 24, 2014.
When the RTP attempted to replicate the FBI-LA’s investigation and alleged identification by the THAI VICTIM on December 24, 2013, RTP confirm the boy did not identify HOBBS. Unknowingly, the RTP had replicated the FBI-LA’s actual investigation and the boy again did not identify HOBBS.
Even after the RTP obtained additional immigration photos on December 26, 2013 of the then current residents of MIDTOWN, there is no record of any kind in RTP files that the THAI VICTIM ever identified any of these photos of HOBBS either.
Los Angeles Federal Public Defender Craig Harbaugh and his assistant found and interrogated the THAI VICTIM in February 2016 during their investigation into Paul Alan Shapiro’s case with the same boy, CHS and FBI. The THAI VICTIM testified that he has never identified HOBBS and when he was shown a photo of STRIKE he immediately identified him as the perpetrator.
RTP located the THAI VICTIM two days after HOBBS’ arrest and the THAI VICTIM immediately identified STRIKE [page 12] as the perpetrator.
The interrogations were conducted by the FBI-LA and their paid informant NOJA at ATCC without a parent, legal guardian, RTP or social worker present. This was the purpose of the center ATCC. Enable the FBI to conduct interrogations of minor children without the necessity of the legal impediments of the laws of Thailand or the USA. There are no copies of these interrogations in RTP files and the RTP interrogation is materially different from that of the FBI’s.
FBI-LA stated himself on April 11, 2014 in his report that the RTP’s arrest warrant for HOBBS was based upon statements made by the THAI VICTIM in June 2013 [page 18] referring to the illegal interrogations conducted by FBI-LA and NOJA. Since RTP had not been made aware of the crimes and were not present at the interrogations FBI-LA’s assertion is correct.
Therefore, the THAI VICTIM’s alleged identification of HOBBS to the FBI-LA, it’s paid informant NOJA or the RTP at any time are completely false and are allegations made by the FBI-LA and their paid informant NOJA to RTP.
What also confirms that the FBI-LA’s assertions to RTP that the THAI VICTIM identified HOBBS in June 2013 are completely false is that when the RTP were given the opportunity to investigate (knowledge of the crimes) in December 2013 and legally interrogated the boy on December 24, 2013 using the same 2009 passport photo with a beard provided by FBI-LA, the boy did not identify HOBBS.
Furthermore, if the THAI VICTIM had positively identified HOBBS during these interrogations it raises the question why FBI-LA did not immediately initiate an RTP investigation and move to have HOBBS arrested to keep him from abusing more children. Further proof yet that the THAI VICTIM did not positively identify HOBBS during these interrogations is that FBI-LA again queried NOJA on July 5, 2013 if he had obtained any more information about HOBBS during an unrelated arrest.
7.5 EVIDENCE #5 – DECEMBER 19, 2013 ORANGE MOTORCYCLE REGISTRATION:
This document obtained by the RTP on December 19, 2013 after being informed of the crimes by ICE and NOJA on December 12, 2013 is the most relevant evidence as the THAI VICTIM has testified that this is the vehicle used during the commission of all of the four incidents of abuse and was driven by the perpetrator. This document was printed by a different police officer than the April 11, 2013 van registration suggesting that both vehicles were not observed at the same time.
However, this document provides exculpatory evidence for HOBBS since the vehicle is registered to a UK national Kevin Leary who is a former partner of Bigjuice owner Daniel Clark. Many witnesses have testified that this is the vehicle used by STRIKE while he lived at MIDTOWN.
Since FBI, ICE and NOJA were only interested in evidence to incriminate an American HOBBS, this critical evidence was discarded and Kevin Leary was never considered a suspect.
7.6 EVIDENCE #6 – DECEMBER 24, 2013 TESTIMONY OF THAI VICTIM:
RTP stated in their case report “At first the THAI VICTIM did not confirm the photo of HOBBS, but the CAMBODIAN VICTIM confirmed that HOBBS was the perpetrator from the photo. The VICTIM’s did not object and also signed the complaint” .[page 4]
In addition, Los Angeles Federal Public Defender Craig Harbaugh interviewed the child in February 2016 during his investigation of the same boy that has accused his client and the child confirmed he has never identified HOBBS and immediately identified a photo of STRIKE. Adding to this testimony the THAI VICTIM also stated that the CAMBODIAN VICTIM never went with anyone but on some occasions he would stand look out for the THAI VICTIM.
On August 6, 2016, the Thai Attorney General has ruled that the THAI VICTIM has positively identified STRIKE [page 9] and has issued an arrest warrant and indictment in his case.
This revised testimony on December 24, 2013 is inconsistent with FBI-LA’s and NOJA’s testimony of the THAI VICTIM given to FBI-LA in June 2013 and is thus the allegations made by FBI-LA and NOJA are false. FBI-LA and ICE both confirmed that they had reviewed the case and RTP shared their evidence in the meeting on April 3, 2014. Veteran Agents of both FBI-LA and ICE were either incapable of recognizing this obvious fact or they deliberately ignored the evidence to achieve the arrest of HOBBS.
7.7 EVIDENCE #7 – MARCH 27, 2014 TESTIMONY OF CAMBODIAN VICTIM:
Since both efforts in June 2013 and December 2013 to have the THAI VICTIM identify HOBBS had failed, the RTP were not able to obtain a warrant for his arrest, additional evidence or testimony had to be obtained.
RTP confirmed in court testimony that the FBI’s CHS continued showing HOBBS’ photo to an untold number of children [page 5] . As luck would have it, fourteen months after the THAI VICTIM reported his crimes to NOJA, a CAMBODIAN VICTIM who according to NOJA had been living with him the entire time came forward to say he had been abused at MIDTOWN at the same time as the THAI VICTIM by the same perpetrator and would sign a document to identify HOBBS.
The only thing necessary was to alter the THAI VICTIM’s testimony to say that the boys went to MIDTOWN together creating a collaborating victim and witness which has been confirmed by the Thai Attorney general and the THAI VICTIM.
There are many things that raise concerns about this alleged VICTIM’s testimony;
1. Why was NOJA unable to have him testify for fourteen months?
2. Why did the THAI VICTIM not mention a second victim during his FBI-LA interrogation in June 2013?
3. Why did FBI-LA only interrogate the THAI VICTIM twice in June 2013?
4. Why did FBI-LA not mention a second VICTIM in his reports until April 2014?
5. Why did FBI-LA not query NOJA when he would interrogate the second VICTIM?
It became necessary to fabricate crimes and a second collaborating VICTIM in order to secure an RTP arrest warrant. The only thing necessary was to alter THAI VICTIM’s testimony to say that the both VICTIM’s went to MIDTOWN together creating a collaborating victim and witness which has been confirmed by the Thai Attorney general and the THAI VICTIM to be false.
When questioned a second time by RTP, the CAMBODIAN VICTIM could not remember any details of either crime scene but somehow still insists that HOBBS was the perpetrator. However, the THAI VICTIM has recanted his testimony that the boys were abused together at MIDTOWN and the Thai Attorney General has ruled on August 6, 2015 that the CAMBODIAN VICTIMS testimony is not believable and must be disregarded.
Also, if the second victim testimony is to be believed, it also must be true that the FBI-LA’s eleven month investigation of the MIDTOWN crimes was a total failure because not only had his investigation failed to detect the presence of serial child sex predator STRIKE but also failed to determine that two VICTIMS had been abused during the incident he had been investigating.
Also, when the THAI VICTIM was questioned by Federal Public Defender Craig Harbaugh, he also testified that the CAMBODIAN VICTIM never went with anyone and was always used to stand “lookout” outside to assure that the THAI VICTIM came out.
7.8 EVIDENCE #8 – MARCH 31, 2014 TESTIMONY OF NOJA:
NOJA has testified in his statement that “The behavior of HOBBS is that he likes to violate the boy and always come to see the child in Soi Sunee and Royal Garden department store. When he has appointment with the child, he would pick them up at MacDonald (subway) walking street at 2:00 AM after the bay closed or at walking street when they allow vehicles inside.”
This statement is defamatory rhetoric and false as NOJA had never seen HOBBS in his life before HOBBS arrest on June 8, 2014. NOJA cannot have any idea of “the behavior of HOBBS” if he has never met him and NOJA has never been witness to HOBBS at Soi Sunee, Royal Garden, MacDonald, Subway or Walking Street.
However, the VICTIM’s testimony supported by NOJA’s assertions and lies would be necessary for RTP to obtain an arrest warrant.
The FBI-LA, FBI-BKK, ICE all reviewed the case file on December 12, 2013 and again on April 3, 2014 and at no time questioned the fact that their paid informant NOJA was not only the lead investigator that provided all of the evidence and testimony but was also the ACCUSER. This act alone should have raised concerns by any law enforcement officer.
Furthermore, at no time did FBI-LA, FBI-BKK, ICE or RTP ever question the authority of NOJA to act in the capacity of legal guardian to file a complaint on behalf of minor children. NOJA has testified in Pattaya Civil Court that ATCC is “not a natural person or a juristic person under the law as Anti Human Trafficking and Child Abuse Center (ATCC) is only a name for a group of persons”. Also, there is no legal registration of ATCC as a foundation in Thailand.
This raises several questions;
1. Why did all these US and Thai law enforcement officials not question the authority of NOJA to act as a legal guardian?
2. How did ATCC receive ICE funding for his center or an NGO that does not legally exist?
3. f ATCC is not a legally recognized NGO why is the US DOJ providing NOJA with the confidential criminal record and passport information of an American citizen
4. Why is FBI-LA and ICE and nine other western nation Embassy’s collaborating and providing ATCC funding.
7.9 EVIDENCE #9 – PHOTOS, EVIDENCE OR COLLABORATING WITNESSES OF HOBBS AT MIDTOWN, DRIVING THE VAN OR MOTORCYCLE:
No evidence or photos have ever been produced and all witnesses have confirmed HOBBS was never at MIDTOWN, never drove the van and never drove the orange motorcycle and that STRIKE lived at MIDTOWN used the orange motorcycle as his primary transportation. In addition, witnesses confirmed HOBBS cannot drive a manual motorcycle and has never driven a motorcycle ever in Pattaya or Bangkok.
7.10 EVIDENCE #10 – PHOTOS, EVIDENCE OR COLLABORATING WITNESSES OF HOBBS WITH CHILDREN OR PLACES IDENTIFIED BY THAI VICTIM:
No evidence, photos or witnesses other that NOJA and the VICTIM’s have ever been produced
7.11 EVIDENCE #11 – PHOTOS, EVIDENCE OR CONFIRMING WITNESSES OF HOBBS AT ANY OF THE CRIME SCENES:
No evidence or photos have ever been produced and all witnesses have confirmed HOBBS was never at MIDTOWN.
7.12 EVIDENCE #12 – INDEPENDENT COLLABORATING WITNESSES OF ANY KIND:
No evidence, photos or witnesses have ever been produced except NOJA and the VICTIMS.