The Pain and Suffering of a Malicious Prosecution
By Joseph Snook
Pahrump Nevada, 2011 – An attempt by Manuel “Manny” Mairs to inform Child Protective Services (CPS) of a traumatic situation involving his daughter (“Girl” Mairs) has left Mr. Mairs and wife Jackie, desperate for justice. Manny and Jackie Mairs of Federal Way Washington are fighting to pick up the pieces of a nightmare turned reality, that has cost them something money can’t replace.
At only five years old, in early 2006, while in the custody of and living with her mother Charleen (Manuel Mairs former wife), her former step father Frank Toppo and her step brothers, Girl Mairs was reportedly sexually abused. The allegations were against Frank Toppo’s’ sons and two neighbor boys, which was later confirmed by the Toppo’s then live in nanny, Marcia Shockley. Allegations were very serious and warranted CPS involvement once Girl Mairs described these events to her father, and police officer, Manuel Mairs.
Little did Manuel know, contacting CPS was only the start of his problems.
What unfolded is an absolute travesty of justice and a heart-wrenching story that should cause extreme concern and outrage to every family.
The Confirmed Allegations?
With allegations lingering over Girl Mairs’ former step father, Dr. Frank Toppo, who is also one of Nye County’s local Doctors, he reportedly sought personal help from his “close friends.” The Nye County District Attorney at that time, Robert Beckett, who was a patient of Dr. Toppo’s, had reportedly escaped a DUI charge with what was believed to be a little help from Dr. Toppo. Beckett reportedly stated he was ready to fight the suspected DUI charge with his newly discovered medical condition he identified as being, “boarder-line diabetic.” This DUI charge came after he wrecked a county vehicle, followed by wrecking his own vehicle just hours later. After the second crash, the California Highway Patrol reported that Beckett’s blood-alcohol level was .10 percent. Dr. Toppo would later testify, under oath, that he was not only Mr. Beckett’s close personal friend, but he was also his physician and that he had seen and administered medical treatment to Beckett, shortly after the two crashes.
Pahrump attorney Tom Gibson, who represents Dr. Toppo, reportedly said that Beckett had in fact asked Toppo to assist with his defense during the DUI case. Now, it was seemingly time for Beckett to return yet another favor.
(See the Las Vegas Review Journal’s “Nye County prosecutor dogged by new lawsuit” dated 6-17-10 at www.lvrj.com.)
The 2006, CPS/Sheriff’s Investigation turned up evidence that confirmed the Mairs’ fear of sexual abuse, but instead of pursuing criminal charges and serving justice, as the Nye County Sheriff’s investigators requested, District Attorney Beckett, reportedly with the help of Toppo and his attorney, pursued a malicious attempt to further the damages to the Mairs family.
Not only did Gibson, Toppo and Beckett make every effort of hiding the truth about the original sexual abuse/molestation claims made in 2006, it appears in 2008, they were again sweeping new information the child was saying under their dirty little carpet. According to the new documents obtained by the US~Observer, the child had disclosed information that she had been abused, threatened and intimidated by her mother, Charleen Toppo-Mairs and Step-Father, Frank Toppo, to not discuss any information about the original sexual abuse/molestation incident to any of the Mental Health Professionals the child was currently seeing. Toppo, Beckett and now Nye County Asst. Sheriff Richard Marshall, were reportedly attempting to divert all the attention away from the child’s disclosures and mislead the Clark County Courts by producing documents stating that Nye County had already investigated the 2008 disclosures of threats and intimidation, back in 2006.
When Mr. Mairs was informed in 2008 that his daughter was now being abused, threatened and intimidated to not discuss the previous incidents with any mental health professionals, he once again came to his daughters’ aid. He immediately requested and received a temporary protection order in Washington State under the UCCJEA (Uniform Child Custody Jurisdiction and Enforcement Act).
On December 16, 2008 a Clark County Nevada Family Court ordered that there was to be no contact between Girl Mairs and Mr. Toppo, or his two sons. Additional restrictions were also placed upon members of the mother’s family. On December 18, 2008, just two days later, Nye County Asst Sheriff Richard Marshal filed a complaint of Felony Perjury charges against both Manuel and Jackie Mairs. To date, we have been unable to obtain any report or documentation indicating that the Nye County Sheriff’s Office or Asst. Sheriff Richard Marshall had conducted any investigation supporting the alleged crimes. According to Asst. Sheriff Richard Marshall’s complaint, he was simply alleging that Manuel and his wife had made all of the 2006 sexual abuse/molestation claims up, and that they had Suborned Perjury upon the live-in Nanny, Marsha Shockley, in her original statements and affidavits which were all submitted to the Clark County Nevada Family Courts.
As we had reported in an earlier article about this case, it did not take long for Justice of the Peace Tina Brisbell, who heard the case brought against the Mairs’s, to recognize that Shockley was now attempting to retract her original statements. However, it was a futile attempt because Mr. Toppo had actually testified to the fact that most of what Shockley had said in all of her statements/affidavit was true and accurate.
Heartaches and Losses
On January 7, 2009, Manuel Mairs, a police officer with the Federal Way Police Department in Washington State, was placed on administrative leave – pending the outcome of the charges.
In addition to the false criminal charges against the Mairs, the abuse of their daughter, and now, economic losses, Manuel missed out on an opportunity for promotion to the Lieutenant rank during his administrative leave, greatly affecting his potential income.
Upon receiving information of criminal charges being brought against them, both Manuel and Jackie were initially shocked. But their shock, quickly turned to despair. “We knew we were not supposed to be charged with a crime for filing a CPS report. There are laws that protected people from this kind of retaliation. At first, it appeared to be nothing more than a ploy to pressure a settlement in the pending civil case.” After a few weeks, which ultimately turned into the longest and most unbearable months, Jackie had literally “checked out” on the family. Having now to deal with countless, sleepless nights, the continuous crying and relentless nightmares of somehow being jailed because of these fictitious charges, would eventually lead Jackie to begin to lose focus with most of the simple things in life. And, one of those things was traversing a flight of stairs in their home. Jackie had fallen down a flight of stairs, severely injuring her knee. The injury required multiple doctor visits. The surgery to fix ligaments and alleviate pain had discovered that the injury would require a knee replacement surgery, which has yet to take place.
Jackie said that she is in fear of even being near Nye County, Nevada for what Beckett and Toppo have done to her and her family. Although she still has family in Nevada, she hesitates to visit, due to her fears. Jackie said she was very fearful of the false criminal charges, “I was consumed by them. I actually thought I was going to prison. With all of the crying and emotions I was going through, I literally lost sight of family members, family members who were always right in front of me. The most unforgettable things about this whole ordeal are the reality checks you get along the way.” She described an incident when her 7 year old son, Ronnie, stopped her in the hallway one day. “I heard the obvious pain in his heart and the innocence in his voice when he asked me, ‘Mommy why don’t you take care of me, don’t you love me anymore?’ It just kills me to even think that he had such a painful thought in his mind.”
I can’t think of anything worse than a loving parent losing the life of a child. For Manuel and Jackie, that has become a reality. It’s a shame that whenever the Mairs’ think about their niece Brittany, who had passed away during this awful nightmare, they will be reminded of what if – What if we would have been there for her? What if Nye County hadn’t pursued false charges against us?
Jackie shared some her memories of Brittany with us. “I can see her face the day I was given custody of Brittany. She was only 9 years old.” Brittany was her brother’s child and, due to some poor choices her brother had made, she was asked to step in to take care of Brittany. “I loved her and treated her as if she was my own child.” Jackie said. “Brittany and I had grown very close, she was my soul mate. Other family members would often comment that it seemed we could talk to each other without ever saying a word. We just knew what each other needed or wanted of the other.” Jackie went on to describe some of the events that led to the death of Brittany. “During this unbelievable ordeal, the undeniable devotion and constant support I give each and every person in my family, had quickly unraveled. I simply lost focus of my duties of protecting and helping them, especially Brittany. I failed to see that Brittney was being torn apart over the thought of somehow losing me if I was to be arrested and jailed. Brittney was literally self destructing right in front of me and I was not focused. I never saw it. It wasn’t until I received the devastating news that she had died in a car crash, did I realize just how much of an impact that these false charges had upon us. I will never forget that what I’ve had to endure was simply because of a few self-centered and self-serving vicious individuals, who clearly abused each and every aspect of one’s professional and personal principals, morals and ethics. They simply felt that a personal favor and/or a friendship was a good enough reason to maliciously prosecute someone for nothing more than filing a CPS report.”
March 2011, marked the two year anniversary since the death of Brittany.
Manuel stated that he worries about Jackie every day. He believes she still hasn’t recovered from Brittany’s death. “We were so wrapped up with Nye County that we were never able to catch our breath. We really had no time or opportunity to sufficiently grieve the initial impact of losing Brittney.” The pain Manuel feels should be about the loss of Brittney, but it was very apparent that the pain and suffering he has, is for his wife, Jackie. “Sometimes I hear Jackie quietly crying in the other room, obviously trying not to disturb anyone.” He says it is sometimes hard to hold back his emotions. “There are times when I take a few moments to just sit and cry, when I think I’m alone. But, I’m afraid Jackie will walk in and see me crying. I just can’t imagine how she would feel to see me crying when I’m supposed to be the one she leans on when she gets down.”
Threats of Criminal Charges
Building a case against the Mairs, Beckett and Attorney Gibson reportedly threatened Girl Mairs’ Nanny with criminal charges if she didn’t retract her previous statements confirming the abuse. Under threat of criminal charges, Nanny Shockley agreed to change her story and was given immunity from prosecution in exchange.
The US~Observer Enters
Shortly after they were charged, the Mairs contacted the US~Observer for help. We conducted an in-depth investigation and exposed everyone involved who had attempted to imprison the Mairs. The corruption that was uncovered was unbelievable to say the least.
In short order, the US~Observer and Mairs’ Attorney, Lisa Rasmussen were able to give back the Mairs their freedom. On June 25, 2009 Judge Tina Brisbell dismissed the Mairs’ charges when the state’s main witness, Nanny Marcia Shockley failed to show up to testify against the Mairs. She must have had a guilty conscience (committing perjury?) due to pressure applied by the US~Observer and clearly had a change of heart favoring Girl Mairs best interest.
Continued Malicious Prosecution
What seemed like a bitter-sweet ending to a tragic turn of events, became a nightmare once again. District Attorney Beckett attempted to reinstate the felony charges two more times against the Mairs, but was shut down both times. Finally the Mairs had prevailed.
Beckett eventually lost his re-election for District Attorney, followed by another DUI charge just before losing his job. Currently Nye County faces a separate reported three million dollar lawsuit filed by Detective Boruchowitz, naming none other than “Beckett” as the defendant.
The Mairs have filed their own Civil Lawsuit against Nye County. Because of the events leading up to the lawsuit, such as the relentless pursuit to ruin their careers and the repeated attempts to maliciously prosecute the Mairs’s, they’ve been forced to discontinue contact with Girl Mairs. “It’s very sad, these monsters have made it crystal clear to me that I cannot protect my child,” Manuel said. “Of course I want them all held accountable for what they are doing. They have publicly shown that they will not hesitate to go beyond any and all types of criminal activity to hide the truths or prevent me from helping her.”
The Mairs filed their Lawsuit on June 30, 2010 and the depositions of Beckett and others named are currently scheduled for the week of April 18, 2011. District Court Judge James C. Mahan is scheduled to preside over the suit.
Editors Note: The Mairs are literally broke and have experienced a tragedy most won’t ever have to go through. Please help them and spread this story to everyone you know. Help serve justice and hold the dangerous people who ruined their lives accountable. Make “Former” District Attorney Beckett and Dr. Toppo pay for their reported crimes.