FBI Director Robert S. Mueller III Full Document Out

To
Robert Swan Mueller III

12th Director of the
Federal Bureau of Investigation
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Mario Herrera.
Hjortevej 2. Horsens. 8700. Denmark. Tel. 45-2929 5209
www.norightsforyou.com
mayitoh@hotmail.com
Index
1 Personal information:...........................................................................4
2 Incident Information: ...........................................................................4
3 Chronology...........................................................................................5
3.1 The unlawful arrest .......................................................................5
3.2 Reporting to the USA embassy.....................................................9
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3.3 Unlawful arrest............................................................................10
3.4 The two court process: ................................................................12
3.4.1 First Court (June 25, 2007) ................................................13
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3.4.2 Official Danish Police Indictment........................................14
3.4.3 Second Court (October 12, 2007) ........................................15
3.5 Key- or Critical Evidence hidden from the Court. USA embassy
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knew that and until today in conspiracy silence....................................18
3.6 Florida Legal Service. Florida Bar Association. Florida General
Attorney.................................................................................................20
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3.7 Petition to the Federal Bureau Investigation...............................21
4 The role of consul Marilynn W. Rowdybush ....................................23
4.1 Marilynn W. Rowdybush never met me .....................................23
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4.2 No protest about violations of the Vienna Convention...............23
4.3 25 days delay to request the Danish police.................................24
4.4 No real protest about discrimination and a sleeping judge in the
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first court ...............................................................................................24
4.5 No protest about discrimination in the second court ..................25
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4.6 Justifying an illegal strip-search .................................................26

4.7 Making medical conclusions and implying that I am lying about
my health ...............................................................................................26
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4.8 Limiting my rights to assistance .................................................27

4.9 Unprofessional and indifferent case handling ............................27
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4.10 Defending the Danish authorities, taking for granted that I am a

liar and a criminal..................................................................................28
4.11 Supporting the police’s actions without evidence ......................28
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4.12 Continuous allegations that I am lying about my health ............30

4.13 Accepting that the Vienna Convention is violated in MY case..30
4.14 Claiming that the Embassy has done all that it can ....................30
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4.15 Note about Anita F. Funcke ........................................................31

5 Summing up .......................................................................................32
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5.1 My accusation .............................................................................33

5.1.1 In the base of Denmark Police and FBI collaboration.........34
6 Inventory of CD Documents..............................................................35
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Mario Herrera. 2
Robert Swan Mueller III
12th Director of the Federal
Bureau of Investigation
I Mario Herrera, American citizen, am requesting to the FBI (Federal

Bureau of Investigation) your intervention to fully investigate this crimes
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committed by federal USA authorities in this case and to put in front of
the USA judicial system whoever will come responsible. You can count
with my full cooperation in this investigation as well as my wife Gitte
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Toldsted.
I am writing to you, FBI’s director Mr. Swan Muller, due to that I called
last July 6, 2009 your FBI official Mr. Brain in charge at the USA
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embassy in Copenhagen, Denmark and simply requested to him: To
Where and Whom, I must to address my complaint.
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However Mr. Brain conditioned me this requested information to first
talk with Anita F. Funcke (a person that is directly involved in this
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crime), plus promising to answer me back in two days and that never
happened.
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As this has been the typical behavior, playing around with my person,
that I want to report about all these USA authorities in the base of
conspiracy and abuse of legal attributions (deprivation of rights under the
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color of the law).

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I am attaching a voice recording (See Folder 15) with your FBI official
Mr. Brain and me about our conversation last July 6, 2009. (Mr. Brain
was aware that he was recorded)
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Please, maybe you can address this complain to the appropriate FBI
hands that will appreciate attend me with respect.
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However, I want left high and clear, that Anita F. Funcke is one of the
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direct responsible group (See chapter 5) that I am making responsible in

my accusation both in the USA embassy in Copenhagen, Denmark as in
USA State Department. At the time that Mr. Brian decide to talk to her
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first, without to receive my full arguments and evidences, he is putting on

alert all the other persons that I am accusing both conspiracy and
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deprivation of rights under the color of the law.
Now, I pass to explain my case:
Mario Herrera. 3
1 Personal information:
Name: Mario
Last Name: Herrera
Social Security #: 595930602
Passport #: 047884147
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Born: Cuba
USA vote ID Card: 02592652
USA address: (old address) 875 SE 12 St. Hialeah. Fl. 33010.
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USA
Denmark address: (Actual Hjortevej 2. 8700 Horsens. DK
address)
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Civil Status: Married
Wife: Gitte Toldsted – Danish citizen
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Telephone: 45-2929-5209
Email: mayitoh@hotmail.com
Website: www.norightsforyou.com
Residence permission in DK00296104
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Denmark:
Occupation: Student
Academic level:
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Bachelor degree (Starting a masters
degree next September 2009)
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2 Incident Information:
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Date: November 1, 2006.

Place: Hulgårds Plads. Copenhagen. Denmark.
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Mario Herrera. 4
3 Chronology
3.1 The unlawful arrest
November 1, 2006 I was boarding a bus at Hulgårds Plads, after I left the
dentist’s clinic to head to my house.
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Despite that I paid my bus ticket (See Bus ticket at folder 15), the bus
driver, of the route 5A in Copenhagen, was complaining at me. The bus
driver and two other men attacked me verbally, and until today I don’t
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know exactly and it is not clear to me the reasons why they used such
verbal attack (Most of it in Danish language and the three of them
pointing insistently with their finger to me). The bus driver requested that
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I have to leave the bus or he will call the police (Now in English). While I
did not commit any crime, I supported his initiative and I agreed that we
will wait for the police officers arrival to clarify the reasons that he and
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the two other men were verbally attacking me.
Around 10 minutes later and after these two officers arrived, one of the
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officers named Nicolai Cederskjold (See picture at folder 10) he asked
my nationality. I answered, “I am an American citizen”, and then he
asked me what happened. I explained to him the rude and aggressive
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addressing from the bus driver and the two other men to my person, and I
let Cederskjold know about my intention to report them to the police
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authorities.
Mr. Cederskjold answered me back that no problem at all, but he wanted

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to ask me to step down the bus to talk with me. I proceeded and once we
were out in Hulgårds Plads, he waived the bus away. I was surprised
because I never saw him or his partner Anders Bitsch, taking the names
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neither of the bus driver nor of the two other persons involved. Then I
asked him the reason for his action waiving the bus away, and how now
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he will know the names of the other two persons whom together with the
bus driver were verbally attacking me in the bus.
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Now Cederskjold said to me that he only cared about to ask my name,

and I answered Mario. He said to me to mention my other identification
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like last name and CPR number and so on. And I said “no problem, but I
would like to go to the police station to talk with your superior, please”.
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They both, Nicolai Cederskjold and Anders Bitsch freezing each other,
they looked at each other for a moment and without to know what to do
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for a while. After that suddenly Anders Bitsch was yelling at me,
“…take your hands out of your pockets…”.
Immediately I followed his instructions and I pulled out my hands from

the jacket’s pockets, and I showed in front of both of them what I had
there in my jacket pocket. There were a pack of chewing gum, some
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Danish coins, my house keys and my cell phone.
Then when I said “I will call the American embassy”, and I was in the
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way to put my phone to my ear, the next thing I knew I was brutally
attacked (started by Anders Bitsch at my right side at this moment) by
these two officers and thrown to the park ground up side down without
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any justifiable reason.
Cederskjold mounted with one knee on my back and with the other knee
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splashing my head against the floor started reading me the “Miranda
Rights” but in a sarcastic manner, and asking me, “…Hey Mario, how do
you feel now? Do you feel a lawyer now Mario?...” and at the same time
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Anders Bitsch, he was seated with his knee on my lower back and legs.
Both of them were laughing and using sarcastic statements.
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It is at this point, and AFTER that I have been thrown to the ground
upside down, handcuffed, under extreme pain and mocked by these
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Danish police officers that I said to them “Fuck you” and “Fascist”.
What is the crime of that?
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I want to remark that in this position, and near the exact place where this
event happened, there is a bicycle path, and by there crossed multiple
cyclists. Every moment I could, I yield “I am American citizen, please
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call the American embassy”. Then Nicolai Cederskjold covered my

mouth with his hand and strongly pushed my face against the ground to
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avoid I could talk. This it was also extremely painful in my face and my
neck.
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This is the official accusation or indictment from the Danish Police

November 1, 2006. (See Folder 7). I repeat that at the moment of the
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arrest I never ever was notified the reasons why I was arrested. As a
matter of fact at court, they never ever could proof neither that they said
to me the reasons why I was arrested.
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Then after around 10 or 15 minutes in this position, I was lifted up from

the ground by around five officers, taking my arms at the level of my
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wrists, letting me hanging with my weight of my body in the air, (it was
at this moment I felt a crack and strong pain in my left shoulder) and
always upside down and handcuffed. Then they threw me inside a police
van, and then they took me to the police station which is less than 200
meters from this Hulgårds Plads.
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Now inside the police van, under streaming painful exposed, I am again
upside down, but now with my legs in crossed position (an illegal bone
lock) and with one of the officers sitting on them which were extremely
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painful too. Cederskjold is covering my head with my jacket provoking
to me an asphyxiating situation. He is asking me, “…Hey Mario, what do
you say, do you want to kill me?...” (This is old totalitarian dictatorship
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typical trick, to provoke you with the intention that you will be
incriminated with your own words) and I answered him back “You have
to know more than that”
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Once at the police station, they took me again lifting or suspended in air
position from the police van to the police front desk. Once there they let
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me stand up and then I spoke to a tall officer that it seemed everybody
was reporting to him. He seemed to me the boss of this team, and I asked
directly to him that I wanted to call the American embassy, and his
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answer was the typical despotic speaking “…Yeah, yeah, yeah…” Then
he gave order to throw me in a holding cell. He was one of the around six
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officers there inside the holding cell, and where later I could realize there
was a video camera and a microphone at the ceiling height.
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At this point, inside the holding cell now, there are six officers at least
(for what I could count their legs from my floor position), and I am for
sure that Nicolai Cederskjold is there and also Anders Bitsch, because I
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keep hearing their voices. They proceeded to take off my trousers, my

underwear, and starting to laughing and talking in Danish, touching my
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ass and my genitals. They also took off my shoes.
Then, they left me in this position, and immediately they started to retire
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from the holding cell. All what I am saying here it has to be recorded in
this video camera in the holding cell.
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From this moment and on, I started over and over again to call and
kicking the metal door requesting to speak with the American Embassy.
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They totally ignored me. After around 4 hours and from the microphone
speaker they answered me back that what do I want? I said to speak with
the American Embassy, but nothing happened. Then I continued the same
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procedure and then some time later appeared in the cell two officers, a
man and a woman with a blanket. I explained to them, that I have a big
pain both in my ribs and my left shoulder, that I am feeling cold and that I
want to talk both the American Embassy and a doctor.
After around the fifth hour, then finally appeared two officers, in civilian
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dressed. No uniform, and what they asked me is what I want. I said again,
I want to call the American Embassy, a doctor and a lawyer. One of them,
in a bad attitude said that due to my attitude and I disserved to be there
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for more time. I answered back, I do not care, but I still want to call the
American Embassy.
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Then the other officer, (they never identify me even my request) pretend
to me intermediating and suggested me to go upstairs, I explained to him
that I have the right to see a lawyer, and he invited me to go upstairs with
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him, and then he promise that he will call a lawyer for me.
He made (apparently) a phone call in front of me at his desk, and after a

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while, he exactly said to me that no lawyer is available in Copenhagen;
that the only lawyer available in a case like this is in Shan-gai Chine,
and he is not available. I said that this can not be possible and he
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answered me back, that it is the way it is.
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Then he started to read me the police accusation or indictment from his

computer window, and I said to him that no matter what he will say there,
I will not sign anything and I request the presence of a lawyer.
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Then he said to me that he needed to take my picture, my finger prints

and DNA from me. I said that I got no problem with the picture and the
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finger prints but the DNA it has to be in front a lawyer, and if they take
my DNA it is under protest.((**) see page 9).
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Then I said to him that I will protest this to the American embassy and to
the Danish authorities. He answered me back “Yes, you should do” and
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then he delivered a brochure in Danish (See folder 15) with the

instructions how to complaint to the Danish State Attorney, and then this
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police officer delivered me back my mobile and I called my wife for as

soon as possible pick me up, because at this point due all the pain in my
body I wanted to go immediately to a doctor.
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Then after five hours I was released and finally my wife arrived with a
taxi, almost two or three minutes after I went out of the police station
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door. And then we went immediately to the doctor’s office, which is just
across the previews mentioned Hulgårds Plads.
The doctor made me a body check and she said that there were not any
broken bones. Because of my bruises she gave me a tetanus shot, she put
me a strong pain killer and she suggested that I will go to my personal
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doctor and the hospital first hour in the morning. I went home with the
intention to sleep and go the American embassy before to the doctor to
report the case. At this point I got pain in all my junctions, and knees but
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the heavy pains they were in my ribs, left shoulder and neck.
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3.2 Reporting to the USA embassy
November 2, 2006. First hour in the morning, around 9:00 am at the
American embassy in Copenhagen, Denmark, both my wife Gitte
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Toldsted and me, we presented at the consulate. We reported the case,
and from this moment and until she was “mysteriously” released or
removed from attending my case, Ms. Anita F. Funcke, she was the
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person to attend my case in the first and second court trial.
I only received a list of possible Danish lawyers to contact and signed a

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document of privacy. Nothing else.
No body can give me an explanation why:

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Not until 25 days later!!! November 27, 2006 the USA embassy in
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Copenhagen, Denmark released a request to the Danish police to clarify

the reasons why I was arrested. (See folder 7).
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Never ever the actual USA consul in Copenhagen, Denmark Marilynn

W. Rowdybush have been showing me her face in any of at least three or
four of my visits to the USA consulate in Copenhagen, Denmark. (All of
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them together with my wife Gitte Toldsted). I don’t know and I can not
identify in any way this person. She never showed me her face.
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Marilynn W. Rowdybush started to write to me, after I notified in July

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2007 via telephone in a conversation with Anita F. Funcke that I already

sent a letter by regular mail to USA Secretary of State Condoleezza Rice.
(First letter, in total Condoleezza Rice received 4 letters until she finish
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her time as USA Secretary of State)
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3.3 Unlawful arrest
• Never ever the Danish police said or informed to me the reasons

why I was arrested. (That makes it a high and clear illegal arrest.
Then just after 5 hours later when I was released they verbally
notified me). In Denmark an arrest always has to be under justified
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reasons and promptly information of reasons of such arrest. This
was NOT my case. See information to USA citizens from USA
State Department about Denmark1. USA embassy was informed
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about that and they kept in silence.
• Never ever the Danish police allowed me to contact the USA
embassy, a lawyer, a doctor or my family. Despite my multiple
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requests. This is a high and clear violation of Vienna Convention
on Consular Relations of 19632. USA embassy was informed
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1
“Arrest and Detention
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By law the police are allowed to begin investigations and make arrests either without a warrant based
upon visual evidence, or on the basis of indictments filed by public prosecutors with the courts. A court
may summon the accused to appear or order police to arrest the accused based upon an application filed
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by a public prosecutor. Apprehended persons were brought before an independent judiciary. If an

individual is taken into custody, the law provides for an initial appearance before a judge within 24
hours; however, noncitizens may be detained for up to 72 hours before being given a court appearance.
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Authorities generally respected the right to a prompt judicial determination. Detainees were informed
promptly of charges against them. The country does not have a bail system; rather, a judge decides
within 24 hours of detention either to release the detainee on his or her recognizance or to keep the
detainee in jail until trial. According to the Office of the Director of Public Prosecution, of the total
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number of pretrial detainees in 2006, 88 percent served less than three months in pretrial custody…The
law does not allow any visitors during the first 24 hours of detention except for legal counsel.
However, depending upon the charges, the police generally did not restrict visitor access in practice”
http://www.state.gov/g/drl/rls/hrrpt/2008/eur/119076.htm
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2
(Article 36(a) of the Vienna Convention on Consular Relations of 1963, 21 UST 77, TIAS 6820, 596
UNST 261, a multilateral treaty to which many, but not all, countries are party provides that consular
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officers shall be free to communicate with their nationals and to have access to them. However, Article
36(b) provides that the foreign authorities shall inform the consular officer or the arrest of a
national "without delay" (no time frame specified), if the national requests such notification .
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Bilateral Consular Conventions between the United States and individual countries are more specific,
requiring notification, regardless of whether the arrested person requests it, and generally specifying
the time period in which such notification is to be made. When there is no treaty in force, notification
and access are based on comity and largely dependent on whether the two countries have diplomatic
relations. http://travel.state.gov/law/info/info_639.html )
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• My protection rights under the Vienna Convention on Consular
Relations of 1963, it well backed up under USA Constitution3.
USA embassy was informed about that and they kept in silence.
• (**). The Danish police never presented or gave the opportunity to
have a lawyer4 after my several petitions at the time they took
DNA from me. Despite my requests and warning that whatever
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they do, it will be under protest. USA embassy was informed
• The Danish police in their unjustified and brutal arrest they
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inflicted me several lesions; in my ribs, knees and especially in my
left shoulder. This lesion it is for life. They have created a lesion
that until today I could not recover it and not it will be in the near
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future. See doctor documents (See Folder 5). These documents
have been delivered to the USA embassy in Copenhagen.
Denmark. USA embassy was informed about that and they kept
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in silence. or
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3
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(“…Under the US Constitution a treaty like the Vienna Convention on Consular Relations is the
supreme law of the land. It is also in effect in more than 160 other countries. Just as the Vienna
Convention and other treaties protect Americans overseas, they also apply to foreigners residing or
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visiting here. They ensure that Federal, State and local authorities provide the opportunity for arrested
or detained foreigners to communicate with consular officers from their governments.…” Explicitly
words from USA State Department. You can see at files on the CD attached to this letter or at the
following link: http://travel.state.gov/law/consular/consular_2001.html )
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4
“The law does not allow any visitors during the first 24 hours of detention except for legal counsel.
However, depending upon the charges, the police generally did not restrict visitor access in practice.”
http://www.state.gov/g/drl/rls/hrrpt/2008/eur/119076.htm
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3.4 The two court process:
Below the Danish Police Indictment (English translation) that came from
the “Blue Sky” 22 days Later (November 22, 2006) to justify my arrest.
All what I have been accused in this indictment, it is after I was arrested.
Then again: What is the reason why I was arrested?
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Indictment
Juror case
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Date: November 22, 2006
Journal no.: 0103-70300-00208-06
Case handler: 17490
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The president for Copenhagen City Court – The court in
Frederiksberg
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Mario Herrera-Padron
Is charged at the Copenhagen City Court/The Court in Frederiksberg

with claim of imprisonment for
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offence of the criminal law § 119, stk. 1, and the criminal law §
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121.
By November 1. 2006 at about 11.53 AM at Hulgårds Plads in
Copenhagen NV to have attacked the officers on duty Anders Bitsch
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and Nicolai Cederskjold with threat of violence, while he, after

having being arrested , more times shouted at both of them: “I am
going to kill you”, “You don’t know, who you are dealing with”, “I
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am going to get you” or the like, as well as he was spiting after

them, and while he as well attacked Bitsch and Cederskjold with
scorn, swearwords or other offending address, while he at both of
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them shouted “Fuck you” and “Fascists” or similar.
Jens Rasmussen
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Police lawyer.
Kristian Braad Jensen

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Police head clerk.

Figure 1: Indictment (translated into English by Gitte Toldsted)
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For clarification :
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From this indictment, I only recognized that I said “Fuck you” and
“Fascist”, but AFTER I was beaten to the hell and mocked by them.
Everything else has been made up by these two Danish police officers.
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Even themselves recognized at the time to write their own indictment that
I said that “AFTER” (Word that I have been repeating over and over
again in both court trial and always have been negated to put in the court
log-book and USA embassy witness in both court have been silencing to
report).
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Then again:
• What is the reason why they arrested me?
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• Why the American embassy in Copenhagen, Denmark and the
USA State Department have been accomplished not to request this
reason and then protest to guarantee my fundamental rights?
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This was an illegitimate, unlawful, illegal arrest. And the USA embassy
and the persons responsible inside the USA State Department, they have
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been accomplish and in conspiracy negating me my fundamental rights
protection, well described under Vienna Convention on Consular
Relations of 1963. Article 3
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These persons have to step forward in front an USA federal court and
explain their reasons and motivations.
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Then next I will explain the two court trial processes:

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3.4.1 First Court (June 25, 2007)

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Before this court happened, I send an email to Ms. Anita F. Funcke with
date Saturday. March 24, 2007. In this email almost 3 months before the
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first court case, I warned the USA embassy that I will be submitted to a
“Circus” or without any legal process guarantee. (See Folder 13)
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In this first court, there were three judges, one of the judges a woman, the
only woman. She is a person that look like she got some physical impair
conditions, because she has a hearing loss problem, she need and she was
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using extra help hearing equipment. But the most significant it is not only
that she got difficult to hear, she was also SLEEPING in court, that
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happened in front of my former lawyer, USA embassy case worker Ms.

Anita F. Funcke, my wife Gitte Toldsted and of course myself.
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The judge treated me with discrimination, but beside that and this
document in the hand of USA embassy, they DO NOT protest that one
judge was SLEEPING in court, Protest by my former lawyer Ms.
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Hanne Raehbek (See Folder 7) This document was provided to us from
Anita F. Funcke in a mail package where together she was announcing
me that she will not be any longer my case worker. (See Folder 7). Time
later Anita F. Funcke announce me that she will me my “observer” on
the second court trial.(See Folder 7). (Now she is an “observer” in the
second court, then what was she in the first court? And what exactly is
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her roel here. She could not be changing status without a direct concern
from her direct boss Marilynn W. Rowdybush)
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Never ever, the USA embassy, through the consul Ms. Marilynn W.
Rowdybush or ambassador Mr. James P. Cain, despite them to know
about the SLEEPING fact from this Danish judge in court, they never
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arose any kind of protest to Danish authorities.
This document was backed up to the USA embassy by Ms. Raehbek.
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After that, then the only “protest” from the American embassy (See
Folder 7) over my first court case, a “semi-protest” if you want to call
like this, that never ever again was followed up after the initial
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statements, and from there started the TOTAL SILENCE.
And as you can see in this “protest”, never the fact of the SLEEPING
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judge was mentioned and Anita F. Funcke was well aware of that, as a
matter of fact, she alerted my wife Gitte Toldsted about this judge’s
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behavior.
Later I dismissed Ms. Raehbek, as my lawyer to go to the second court,

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due to that she insisted that I must accept the sentence imposed by this
jury as best solution. Obviously, I was completely disagreeing with that
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and I insisted declaring innocent until the opposite is proved.

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3.4.2 Official Danish Police Indictment.

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If this is the official indictment from the Danish police above (Figure 1);
why has the USA embassy left me be judged by the Danish judicial
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system for different reasons, like if I did say or not say my full name for
example for instance?
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Somebody has to answer in what conditions the Danish police can accuse
me for this without to explain the implication that lead to this situation.
Mario Herrera. 14
Why my government, the United States of America is giving me the back
and not giving me my fundamental rights of protection?
The USA embassy in Copenhagen have been totally accomplished and in

conspiracy to let me without any legal protection. This has been
happening with the total support of the USA embassy in Copenhagen.
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Denmark.
• Declaration of Anders Bitsch (See court-book Folder 15)
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• Declaration of Nicolai Cederskjold. (See court-book Folder 15)
See English translation of the court logbook and take your own
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conclusion. And as Vienna Convention on Consular Relations of 1963
“law under the USA Constitution”.
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It will be evident, that despite the multiple contradictions wrote by this
group of court judges. (Remember that here in Denmark no tape recorder
or steno-machine, or anything else is allowed to support judicial process
statements; only the written conclusion of these judges are the last
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statement). They could not prove neither the indictment for what I was
accused, nor even the other “reasons” that they used to incriminate me.
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Like if I said my name or not, or my full name, topic that it is so
ambiguous and weak.
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But yet, could this justify this police brutality?
Then if I have been judged for different reasons than the exposed in the
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Danish police official indictment, then the following question come to

me, why the USA embassy let me be judged without protest in this illegal
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circumstance?
Why the USA embassy in Copenhagen, Denmark has been so

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cooperative with this type of lack of judicial guarantees?

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3.4.3 Second Court (October 12, 2007)

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Now with real evidences and proof, again I warned one more time, the
USA embassy that this second court will be again a “Circus” just to
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protect these two Danish police officers. (See Folder 13), (October 9,
2007) email to my case Worker Ms. Anita F. Funcke I warned high and
clear to despite that she was “dismissed” from attend my case "I am not
longer your case worker..." September 12, 2007 (See Folder 7).
Mario Herrera. 15
In this second court again, I was treated with discriminatory statements
from the Danish police prosecutor, who now requested me the highest
penalty possible. This prosecutor made a statement like “…your honor,
you can see this Caribbean temperament from this person…” in clear
allusion to the way I defended myself in front of the court; however we
has to remark here that never I showed lack of respect, a discriminatory
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word or offending nobody of the members of the court or the room this
day. Just because I was defending my points like I am doing here right
now, with the conviction that I have never been committing any crime.
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This second court trial, it now happened in front of the “observer” Ms.
Anita F. Funcke my wife Gitte Toldsted and a family friend of us. (She
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was presented to Anita F. Funcke this day before the court process).
Ms. Anita F. Funcke, in the aftermath of the second court, she
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personally congratulated me in front of my wife and this family friend of
us, about the way I defended my self and we were commenting about the
discriminatory statements now from the Danish police prosecutor. No
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statement or complaint was raised this time from the American embassy
in Copenhagen. Total Silence.
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In this letter (See protest letter Folder 7) from USA consul Marilynn W.
Rowdybush, at least officially she was recognizing that I was
discriminated (Even she refuse to mention such word) in this first court
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case. Although later she never followed up by any request neither notified
me about the final result of this protest.
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The consul Rowdybush, she also failed to report in this incident, about
the sleeping judge in court, that happened in front Anita F. Funcke, my
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wife Gitte Toldsted, my former lawyer Hanne Raehbek and myself.
Anita F. Funcke, ensured us that she would report the incident.

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Then if they recognized that I was discriminated and the USA embassy
has been fully backed up with all these information, then:
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• Why did they not continuously follow up on this request from Ms.
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Marilynn W. Rowdybush?
• Why did the USA embassy let me go to a second court trial,
knowing these precedents of lack of legal guarantees?
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• Why did they never request the Danish authorities why I was not
allowed to have my protection rights according the Vienna
Mario Herrera. 16
Convention of 1963 on Consular Relationship Article 36(a)?
Why still the conspiracy silence to request this fact?
• Why did they never request the Danish authorities what is the real
reason, or motivations that justify these police officers to jump in
the police brutality against my person?
• Why the USA embassy has been agreeing to let me be judged for
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reasons different from the Danish police indictment?
• And again: What is the reason that I was arrested?
• Again I dismissed the former lawyer in the second case court Mr.
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Anders Skovholm; in this case for his very weak defense. I also
released lawyer Mr. Claus Bonnez from the same Skovholm’s
office because I did not find a comfortable defense work from
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these two lawyers. As a matter of fact, it was inside their
documentation where, a few days later after the last or second court
trial, it jumped the letter from Jens Rasmussen, inside a package
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of documents where Mr. Bonnez was inspecting in front of my
wife Gitte Toldsted. Since my wife is Danish, she was able to read
this document and immediately reacting requesting Mr. Bonnez
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about this document and the reason why it was not presented in
court. Mr. Bonnez he did not know what to answer about it and
only limited to say that this document arrived in recently package
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from Danish State Attorney.
• This Danish police prosecutor in this document was saying a total
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different statement that the rest of the police department about my

arrest. (See below 3.5 “Key- or Critical Evidence hidden from the
Court”) A document that if it had not be hidden by the Danish State
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Attorney in my two court cases I would not have been unfair

judged by them.
Immediately the USA embassy in Copenhagen, Denmark, former
or
•
ambassador Mr. James P. Cain (Together with senators and
congressman in Florida, as USA Secretary of State) They were
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informed about this document, letter November 16, 2007 . (See

folder 3).
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Only conspiracy SILENCE from USA embassy in front of both Danish

police and Danish judicial court violations!
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Marilynn W. Rowdybush in every letter that she has been writing to

both my wife and me, she has been always taking it for granted that I was
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guilty without to guarantee me my fundamental juridical rights or to

respect that I am innocent until to prove the opposite. She never have
been capable to request the Danish police why they did not allowed me in
first instance to contact the American embassy as I requested. Only for
Mario Herrera. 17
this, this lady deserves to be in front a judicial court for violation of
statutes:
• Title 18, U.S.C., Section 241

Conspiracy Against Rights.
• Title 18, U.S.C., Section 242
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Deprivation of Rights Under Color of Law
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http://www.fbi.gov/hq/cid/civilrights/statutes.htm#section242
My actual lawyer in Denmark, processing my case to lawsuit Denmark in

the European Court of Human Right, he is in total disposition to
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collaborate with whatsoever concern about my case investigation with the
FBI authorities.
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Information about my actual lawyer is:
Advokatfirmaet Tommy V. Christiansen (Law firm)

or
Mr. Jan Schneider. Lawyer
Søren Frichs Vej 42A
8230 Aabyhøj, Aarhus
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Denmark
Phone +45 7011 0800
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Fax +45 7011 0801

jas@tvc.dk
jan.schneider@tvc.dk
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3.5 Key- or Critical Evidence hidden from the Court. USA

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embassy knew that and until today in conspiracy silence.
Until now, only copy of hand-writing it was allowed to take from my

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lawyer. This copy and translated in English was sent to the former
ambassador James P. Cain in letter with date November 16, 2007 . (See
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folder 3)
In the base of the cooperation between FBI and Danish police. I am

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asking to the FBI to request Danish police about Danish prosecutor (State
Attorney) Jens Rasmussen and his official statement that was hidden by
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the Danish State Attorney in TWO TIMES case courts against my person.
Both of my former defense lawyers have let me know that they never saw
or received this document.
Mario Herrera. 18
See both Danish and English translation from Danish State Attorney Jens
Rasmussen attached to CD. (See folder 7 ).
http://www.norightsforyou.com/justiceobstruction.htm
Request the following persons from USA authorities, the reason why they
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knowing about this hidden key evidence in court they have been in
conspiratorial silence and letting me go through a judicial process without
any judicial guarantee.
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Am I innocent until proven the opposite or not? In both countries, USA
and Denmark, that is the way constitution say it. Why do the Danish
authorities have been violating this principle? Why do the USA
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authorities have been playing “dumb” and ignoring this principle?
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The Danish authorities, not even hidden this key document in the two
court trials, (Jens Rasmussen prosecutor’s letter) they could prove what
they have been saying.
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• How does this consul Marilynn W. Rowdybush has been in
conspiracy silencing this so obvious fact? To whom is really
Rowdybush working?
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• Why has the USA embassy let me go to a judicial process where I
have had all the time to prove or demonstrate that I am innocent,
ht
when it is suppose to be the opposite?

• Why do the USA embassy and USA authorities knowing of this
key evidence let that happen without pronouncing only one word
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of protest about it?

or
Here there are high and clear CONSPIRACY!!!
Step forward in front of the USA judicial system those inside the USA
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embassy in Copenhagen, Denmark that negate me my elemental

protection rights?
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Step forward in front of the USA judicial system those inside the USA
State Department that negated me my elemental protection rights?
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Step forward in front of the USA judicial system those (President,

Secretary of State, General Attorney and Governor, Congressman,
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Senators all from Florida) inside the USA political system that negate my
elemental protection rights?
Mario Herrera. 19
• USA embassy in Copenhagen, Denmark. Security Officer Jeff
Howard.
About everything exposed here in this letter, this officer affirm that the
embassy have been made an “exhaustive” work on my behalf. I would
like to know if Mr. Howard is referring when the embassy took 25 days
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to request the Danish police after I reported to them November 2, 2006.
Mr. Robert Swan Moller III, with all due respect to your person, but do
you think that if you have a family in my same situation this Mr.
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Howard will be saying the same thing? In your case, or for example,
Florida senators Bill Nelson, Mel Martinez, Florida congressman
Lincoln Diaz Balart, the embassy will take 25 days to request the
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Danish police? If Mr. Howard is referring to “exhaustive work in my
behalf”, that the consulate did to me, according to him, then why are they
still in silence to request the Danish police to request the reasons they did
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not let me have to call the same embassy where he is working? and why
they did not let me have a lawyer? Mr. Harward could explain why is
the reason the former ambassador James P. Cain negated me a meeting?
or
The question is, to whom Mr. Howard is working in this conspiracy
silence? He said that “…in light of my tone…” (What tone? What does he
is talking about it? What does he wan to mean?) for that reason I have
sf
been officially grounded to receive only passport service through email
service. This is a serious threat from Mr. Howard to my person in behalf
of the USA government and USA constitution, in other words, using
ht
deprivation of rights under the color of the law (Title 18, U.S.C., Section
242Deprivation of Rights Under Color of Law and also Conspiracy).
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Mr. Howard is grounded my rights as American citizen and he need to

explain for what reasons and demonstrate evidence in court. Mr.
Howard need to explain all these question in front USA judicial court
or
with all the judicial guarantees that instead he has been negating to me
until today, Mr. Howard is also directly responsible in this conspiracy.
See Jeff Harward security officer’s letter to my person (See folder 4 )
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3.6 Florida Legal Service. Florida Bar Association. Florida

General Attorney
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Due recommendation from the legal assistant Mr. Warren Davis telling
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in behalf from USA Florida governor Charlie Crist. (See Folder 11) I
contacted Florida Legal Service and Florida Bar Association. In both
case, they received my multiple request and they “disappear” in the most
Mario Herrera. 20
incredible conspiracy silence. It same like I am not an American citizen,
it same that I am a citizen from the North Pole.
In my last four years I have been a full time student here in Denmark. I
am a low income person, thus I perfectly qualify for a Pro Bonus
program for legal assistance. I have been requesting this right to these
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two institution multiple times, and again they have been answering me
with the conspiracy silence. Florida Legal Service: Kristine Rocco
kris@floridalegal.org and Florida Bar Association Karen Kelly. (5810)
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Florida Bar Sponsored Referral Services. kkelly@flabar.org Zina
Jackson (5768) International Law Florida Bar. ajackson@flabar.org
Angela Froelich (5633)International Law Florida Bar.
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afroelic@flabar.org All these person know perfectly about my case,
simple they did not want to do anything (See Folder 12).
3.7 Petition to the Federal Bureau Investigation

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or
In the base of the collaboration between Danish police and USA Federal
Bureau Investigation I want to ask that you request the Danish police for
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the document hidden in the two consecutive court I was judged;
• Journal No.: 0103-70300-00208-06, Case handler: 17490, Marked:

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“PKN Bilag: 12”.
Of course you can ask the full folder with my full authorization. But this
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document “PKN Bilag 12” That is the key evidence or document hidden
in court to my previews lawyers from the Danish Police prosecutor Jens
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Rasmussen.
In other words, somebody, in somehow inside Danish State Attorney,

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decide to take out this document from the folder and NOT delivery to
my defender lawyers in the two court process where I was submitted.
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Then later after the second court finished, some days later, this document
arrive “sneaky” inside a package of other documents to my former lawyer
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Skovholm’s office. This was immediately reported to the USA embassy

in Copenhagen Denmark. See letter November 16, 2007. (See Folder 3).
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Mario Herrera. 21
USA authorities warned about hidden key evidence in court in letter
November 16, 2007. Jens Rasmussen’ statement or declaration.
1. Ms. Condoleezza Rice, Secretary of State. USA.
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2. Mr. Mel Martinez, Senator from Florida
3. Mr. Bill Nelson, Senator from Florida.
4. Mr. Lincoln Diaz Balart, congressman from Florida.
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The statement present in this document by this prosecutor for itself will
evidence and demonstrate the weakness and the recognition from
themselves of the lack of evidences against my person. This document
u.
was hidden with the intention to prosecute me and declare guilty. The
USA American embassy, the USA State Department knew it, Florida
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Senators and Congressman, all of them were well aware of this case.
or
sf
ht
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or
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w
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Mario Herrera. 22
4 The role of consul Marilynn W. Rowdybush
How Consul Marilynn W. Rowdybush has been contributing to the
CONSPIRACY and Abusing her power to sabotage my legal and human
rights of protections.
m
We have to put clear here, that this is a grown up person, she is not a
USA Consul by mistake, she is not an ignorant put there just to fill up a
job gap. She (and They) knew what she has been doing. Beside
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CONSPIRACY and DEPRAVATION OF RIGHTS UNDER THE
COLOR OF THE LAW. So also the word PREMEDITATION is a key
word to analyze in this case. In that base I want that FBI (Federal Bureau
u.
Investigation) open an exhaustive investigation to bring the persons
responsible for this crimes and their consequent prosecution.
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If I had been granted my fundamental rights according to The Vienna
Convention on Consular Relations, Article 36(a) of the Vienna
Convention on Consular Relations of 1963, 21 UST 77, TIAS 6820,
or
596 UNST 261, as the USA State Department announces and promises to
all American citizens, today Danish authorities would not have been
doing a quarter of all the cheating that has been done until now in my
sf
process to violated my fundamental rights.
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4.1 Marilynn W. Rowdybush never met me

Marilynn W. Rowdybush never ever has met (showing her face for to
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be more specific, not even through the glass window at the USA
consulate) neither my wife nor me, in our at least four visits to the USA
consulate at the American Embassy in Copenhagen. At this point, none of
or
us can identify this consul because we have never seen her, spoken to her
or had any other kind or type of direct visual or personal contact with her.
.n
This can give you an idea of the discriminatory treatment I believe that I
have been receiving from this “Consul”. (Would this happen if an
American citizen, white, with Anglo name and last name would be in my
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same situation?)
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4.2 No protest about violations of the Vienna Convention

Marilynn W. Rowdybush has never protested to the Danish authorities
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the reason why they did not allow me to contact the American embassy or
a lawyer, or my family or a doctor. (In court the police officers
recognized that I identified as American citizen) (See Folder 15). These
Mario Herrera. 23
are my rights under The Vienna Convention on Consular Relations.
Article 36(a).
4.3 25 days delay to request the Danish police

Marilynn W. Rowdybush (or more precisely her employee Anita F.
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Funcke), did NOT ask the Danish police for the reason why they arrested
me until November 27 2006 - 25 days after my arrest was reported to the
USA consulate in Copenhagen, Denmark (See Folder 7). And as you can
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see on page 3 in her letter to me, dated January 25 2008, she/they
accepted to wait for an answer from the police until January 19, 2007 –
53 days later (See Marilynn W. Rowdybush’s letter to me in Folder 5).
u.
What are the justifications to wait for so long to request the Danish police
why the arrested an American citizen – and what are the justifications for
leaving the request hanging there in the air for close to 2 months without
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protesting?
4.4 No real protest about discrimination and a sleeping judge

or
in the first court
Marilynn W. Rowdybush did complaint about the main judge’s
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discriminatory behavior in the first court against me. Letter July 25, 2007
(See complaint and statements in folder 7), but she decided not to follow
up on the case or appeal the dismissal of the protest. And she did not
ht
complaint about the layman judge sleeping there in the same first court.
She decided not to do pursue these issues even though the statement from
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the prosecutor, Rasmus Bøgh Johansen, is indicating that “the judge

demonstrated a very active leading role” (as he calls it) and the defense
attorney, Hanne Rahbæk, agrees “with the observations submitted by the
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American Embassy” and is stating that the presiding judge was

demonstrating an attitude. Hanne Rahbæk is also supporting that “It
hardly gave the American Embassy the impression that the case was
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proceeded in an unbiased and open-minded manner when one of the lay

judges appeared to fall asleep during the recording of the case”. Also
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Hanne Rahbæk is pointing to that the complaint was dismissed before

she had the opportunity to put her statement.
Also both Anita F. Funcke and my wife Gitte Toldsted were witnessing
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this first court case and will be able to testify what they observed.
Even Ms. Rowdybush did not inform me of the final outcome or the
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dismissal of the complaint until briefly in her letter to me dated January

25, 2008 (See Folder 5). Anita F. Funcke was sending me the statements
from the judge himself, the prosecutor and the defense lawyer in
Mario Herrera. 24
September 2007 “to make sure these copies would reach you as
promised in Consul Rowdybush’s letter to you of July 20 (See Folder
5)”; together with a note where Anita F. Funcke is implying that I knew
that she was “No longer ‘case-worker’” on my case. I never was notified
before about this decision neither from Anita F. Funcke nor whoever
else. (Please See Folder 7).
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4.5 No protest about discrimination in the second court
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As Ms. Rowdybush’s writes in her letter, to me, of January 25, 2008
(See Folder 5): “Anita Funcke of the Consular Section was present at
your trial at the Frederiksberg Court on June 25, 2007 as well as when
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your appellate case was brought before the High Court in Copenhagen on
October 12, 2007.”
I want to remind you that before this second court, Anita F. Funcke had
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informed me that she was no longer my case worker (See Folder 7), and
that she had “…been told by the Front Office that I can attend your
appellate case at the Eastern High Court on October 12 as an “observer
or
only”. September 27, 2007 email (See Folder 7).
In this second court I was treated with discrimination again. This time it
was the prosecutor who in his proceedings used specific prejudicial
sf
language, e.g. when he was classifying me as a “Caribbean temper
person”. As I said Anita F. Funcke was there as an observer, we talked
about the incident before we left the court this day, where she personally
ht
congratulated me. I defend at my time of speaking over the

discriminatory prosecutor remarks, (A family witness was introduced this
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day at court to Anita F. Funcke, this person is willing to identify her in

whatsoever judicial process) and I believe Anita F. Funcke must have
reported to her superior what she observed there in the court room, and
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Ms. Rowdybush decided again to do nothing about it.

Why was Anita F. Funcke removed as a case worker in my case? Who
decided to do that? I asked, but I never got an answer about what this
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“observer” meant differently as being there as my case worker; but the

fact is that I was discriminated again in the second court, the American
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Embassy had and observer there, and they did not do anything to protest
this illegal way of court proceedings. Anita F. Funcke ensured us that
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she will report this incident. This was the last time we saw Anita F.
Funcke in person, the embassy never ever pronounced about this topic.
Total Conspiracy Silence!
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Mario Herrera. 25
4.6 Justifying an illegal strip-search
In Ms. Rowdybush’s letter, to my wife, of November 20, 2007 (See
Folder 2) she is writing that “it is common procedure to strip search a
suspect, if he refuses to corporate and act as ordered”. Here Ms.
Rowdybush is implying and taking for granted that I refused to cooperate
and act as ordered. How can she say that? She was not present, and in
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court the police officers acknowledged that I had asked to go to the
police station and that I requested to talk to a superior officer.
Danish Police officer Anders Bitsch said at court: “The accused would
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not say anything else than his first name and he insisted to talk to the
American embassy, his spouse and their superior.” The court-book
comment from the judges said: “…beyond that he said, that he would talk
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to e.g. the American embassy and the officers’ superior” (See court book
Folder 15). So where are the evidences that I refused to corporate and act
as I was ordered? And also the police (according to the Danish
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Administration of justice Act (Retsplejeloven), Chapter 725) are only
allowed to do a strip search like this, if the person is already indicted, and
I was not at this point; (as a matter of fact they even never said to me why
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I was arrested in first instance). Documentation demonstrates that I was
indicted by the Danish police 21 days later! (See Danish Police
indictment folder 7 or Fig 1).
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4.7 Making medical conclusions and implying that I am lying

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about my health
In Ms. Rowdybush’s letter, to my wife, of November 20, 2007 (See
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Folder 2) she is also writing that “Although you and your husband
repeated discuss his shoulder problems, the medical report that we
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received dated May 15, 2007 by Dr. Peter Fleckenstein concludes that
there is nothing abnormal after a shoulder X-ray. The shoulder injury
was also not documented during the court case.”
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Here Ms. Rowdybush is implying that my wife and I, we are lying about
my shoulder problem. And also how can she conclude anything about a
medical problem? And now that she does, how can she base her
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conclusion on only one out of a long line of medical documents about my

injuries coming from the police attack; documents that indeed were in the
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official files of my case when I was in court. The embassy has been
informed about my medical situation all the way up and Anita F. Funcke
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was supposed to actually go to observe a session that I had with a

specialist doctor at Bispebjerg Hospital (See e-mail from July 31, 2007
in Folder 5) on August 29, 2007. She did not show up.
5
http://www.themis.dk/synopsis/docs/Lovsamling/Retsplejelovens_kapitel_72.html
Mario Herrera. 26
4.8 Limiting my rights to assistance
In the last paragraph of Ms. Rowdybush’s letter, to my wife, of
November 20, 2007 (See Folder 2) she is also writing: “We at this
Embassy will send a representative if your husband is arrested or on trial
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and requests our presence; we will renew his passport when needed.
Also, because of time and workload constraints, we will not be able to
answer every letter from your husband which deals with the same issues.”
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Here first, Ms. Rowdybush is limiting the assistance that I can expect
from the American Embassy; and she is not even doing it to me directly –
but expecting that my wife delivers the message. Is she really allowed to
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do this? What she is mentioning in this quotation above, it is nothing else
that her duty with me as American citizen, but what she does not mention
is my protection rights under Vienna Convention on Consular
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Relations of 1963 Article 36(a). That is also obligation to this consul to
request for to guarantee me my fundamental protection and legal rights.
And she did not do it. Then she indirectly asks my wife to let me know
or
that I should stop writing (or bothering her?) the American Embassy.
Again she is not even telling me this directly, but using my wife to put in
front of the embassy. Is she really allowed to do this too?
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I believe that the American Embassy is obliged to assist me ensuring my
rights in a foreign country, and what I have been doing is just to keep on
informing and requesting that they fulfill their duty and responsibility;
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nothing else. But obviously Ms. Rowdybush does not acknowledge these
obligations.
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4.9 Unprofessional and indifferent case handling

or
In Ms. Rowdybush’s letter, to me, of January 25, 2008 (See Folder 5),
she is stating that I was “detained at the Brønshøj Police Department”,
that the Embassy “contacted the Brønshøj police department” and that
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“the Brønshøj Police Department was out of English language

pamphlets”.
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The police station where I was detained was Bellahøj – NOT “Brønshøj”
as she said: She is totally lost in space; she confuses the police station
three consecutive times. Then, if the American Embassy contacted the
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Brønshøj Police Department about me, they contacted the wrong police
department. Otherwise I believe that this repeating about the wrong
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police department again demonstrates the unprofessional and indifferent

manner in which my case was handled by Ms. Rowdybush. This is
strong evidence of how lost she has been processing my case, and the
Mario Herrera. 27
discriminatory treatment that I have been received by this consulate in her
name. How a consul can confuse such information? How a consul
after one year and two month could be still so confused and lost
about a brutalization of one of her own citizens? Remember that at this
point, two court cases had been already done and the consulate is well
aware about it. From where this lady is reading about my case?
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4.10 Defending the Danish authorities, taking for granted that I
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am a liar and a criminal
Again in Ms. Rowdybush’s letter, to me, of January 25, 2008 (See
Folder 5), she is consequently supporting the rights of the Danish
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authorities and defending their actions; taking for granted that I am a
criminal and the liar in this case.
E.g. she is saying: “The police stated that they were unable to
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communicate reasonably with you”. How does she know that the police
are saying the truth? Does she have evidence in her hands? So then
she needs to step forward in a USA justice court and demonstrate!
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She was not there (and neither was any other representative from the
American Embassy. As matter of fact that was not allowed by Danish
police to have anytime my country representation), and according to the
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Danish police themselves, there is no tape- or video recording in the
police station. And again as I said before, I wanted to go to the police
station, and this was recognized by officer Ander Bitsch in his first court
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statement, (Please, see court book Folder 15).

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4.11 Supporting the police’s actions without evidence

Marilynn W. Rowdybush is also saying with reference at the above
or
topic: (Listen she is referring to a document from the Danish police

before that I was processed in court). She wrote: “Their duty officer’s
report did not indicate your request for Embassy notification after you
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arrived at the police department”. For start, we do not have any

document delivered neither from the Danish Police nor USA embassy
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where it is describing what Marilynn W. Rowdybush is saying in this

letter from January 25, 2008. But if in the case, this document will exist,
it must to be a document statement from the Danish police before the first
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court trial. How could she give me guilty for anticipation or granted?
How could she be so willing to believe what the police are saying and
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not me? Then again she was not there neither at the park or the police
station, (By the way, Police station that she not even know the correct
name. See previews point no. 4.9, where I am talking about Bellahøj
Mario Herrera. 28
station) the police do not make recording (In the holding cell and for sure
exist, there are a video camera, speakers and Microphone); How can she
take for granted that the police is telling the truth and that I am
lying? (which I am not). Again she is giving me guilty for granted
without any evidence in her hands. She is stating that: “Pursuant to
existing regulations, you were given a folder, which informs a detainee of
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his rights to a phone call either to his diplomatic representation or to his
lawyer”. This is a Big Fat Lie from this consul; a big one and she need to
prove this!!! She is again making quotation about information that not me
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or my lawyer we have had. This is not true. She is totally lying. First and
foremost, I never got a folder like that, that she is mentioning, not even in
Danish. – What I got from the Danish police, it was a Danish pamphlet or
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brochure (See Folder 15) (that I could not read in Danish of course)
about how to complaint about the police; but this have nothing to do with
my rights as a detainee or how to call the USA embassy or even less to
yo
contact a lawyer. I do not know from where Ms. Rowdybush has this
information, but again she is consequently defending the Danish
authorities’ statement over mine, every time doubting my statements and
or
intensions.
She is also writing: “there is no treaty in force between the U.S. and
Denmark obligating one country to notify the other country of the arrest
sf
of one of their citizens. Such request must clearly be expressed by the
detainee.” (Exactly!!! And I was tired to request it over and over again to
ht
call the American embassy, a lawyer, my family and a doctor, and she
have been negating this over and over again, just to hide his fail and
error) Again she is putting in doubt my statement, that I repeatedly
ig
requested to talk to the American Embassy, and she is defending that the
Danish authorities denied me this right, even though later on she says: “In
practice, we are often informed of American arrestees by the police”; and
or
then not in my case. Why? And how can the American Embassy and
the American authorities accept this? In no moment I have been
.n
requesting to enforce anything. All what I have been saying to both

former USA ambassador James P. Cain, Anita F. Funcke and
Marilynn W. Rowdybush is over and over again: Request to the Danish
w
police the reasons why they did not allow me to have access to the USA
embassy, plus a lawyer, my family and a doctor. This nothing to do with
w
“enforce” any treaty, this is their obligation to request the respect of the
International agreement as Vienna Convention on Consular Relations of
1963 Article 36(a) Specially which are well supported in both Danish and
w
USA constitutions. This is what the USA State Department (if they are
not lying about it too) says to all American citizens. See USA State
Mario Herrera. 29
Department Internet link here:
http://travel.state.gov/law/info/info_639.html
4.12 Continuous allegations that I am lying about my health

Again in Ms. Rowdybush’s letter, to me, of January 25, 2008 (See
m
Folder 5), she is implying that I am lying about that the police injured my
shoulder, and again building her conclusions about that nothing is wrong
with my shoulder on a single document. And at this point my wife had
co
even resent further medical documentation in an e-mail (dated December
3, 2007) to Anita F. Funcke (See e-mail in Folder 5). In the material
send to Anita F. Funcke among other things Special doctor Holger
u.
Nygaard on May 5, 2007 is stating that he finds a posttraumatic scalener
syndrome and that there is no doubt about the causal relationship; that I
have been treated to violently. And in another of these documents chief
yo
surgeon Henrik Aagaard is stating that a surgery in the shoulder can be
necessary, just as it later turned out to be. So how come that this Ms.
Rowdybush keeps on stating that the police made no damage to me; that
or
nothing wrong happened there?
sf
4.13 Accepting that the Vienna Convention is violated in MY
case
ht
she is acknowledging that the Vienna Convention on Consular

Relations of 1963 Article 36(a) is in play, but as I documented above
ig
(section 4.2), she is accepting that in my case the Danish police did not
follow normal practice or the convention’s rules, when they decided not
to inform (or let me contact) the American Embassy, when I was arrested,
or
and that was even that I requested this high and clear and several times.
How can the American representatives in Denmark (USA embassy in
Copenhagen. Denmark) and in the USA State Department let this
.n
pass by without protesting?

w
4.14 Claiming that the Embassy has done all that it can
w
at the end of this letter she is writing that “The Embassy has done all that
it can” to assist me. How can she say that?, after all the examples of
w
neglect, lack of competence, defending the illegal actions of the Danish

authorities and giving for granted that I am guilty, that I have been
demonstrating in this letter? That is “all that can be done” what she will
Mario Herrera. 30
do if this will be happening to a white, Anglo named person American
citizen. I do not think so. If this will be happening, for example, to Bill
Nelson’ son, I believe this lady will be there taking the case herself in
person, and protesting to all channel and levels, every simple violation.
This lady never ever showed me up her face to me, not to even ask me
how everything is going in my case. On the other hand, she has been all
m
the time playing “defensive” in every letter, justifying and justifying what
she was not capable to accomplish. See information of famous case of
Bill Nelson’ son arrested and accused for beating a police drunk officer
co
on November 8, 2006 (http://www.norightsforyou.com/senbillnelson.htm
) I bring back this case, for two simple reasons:
u.
• Bill Nelson father, is the very same USA Florida senator from
my State, that once swore to defend USA Constitution to all
USA citizens, and he until today has been negating to protect
yo
me with his conspiracy silence. I am an American citizen from
his own State.
• Bill Nelson’s son case (November 8, 2006), happened a week
or
after my arrest, (November 1, 2006) at the same very time that
Marilynn W. Rowdybush, she was playing coy and dumb
hesitating to protest to the Danish authorities. She took 25 days
sf
after knowing about my case, that she gave the approval to
request the Danish Police about my case. (Only request, not
ht
protest have been dispatched yet until today).
Is that the hypocrisy that Mr. Erick Holder, actual USA General
ig
Attorney has been talking about it?

or
4.15 Note about Anita F. Funcke

Both my wife Gitte Toldsted and me (Mario Herrera), we still strongly
.n
believes that Anita F. Funcke acted with honesty, professionalism and

respect to our persons in every moment. We believed that she was
protecting us. But eventually we found that what she said to us, it is the
w
total opposite that the consul Marylinn W. Rowdybush has been saying.
We are also in the strong believe that she got not power to take decisions
w
and this one only could be taken by the consul Marilynn W.

Rowdybush. However the official document requesting to the Danish
police for why it was the reason I was arrested, it is signed by Anita F.
w
Funcke (Official embassy document released 25 day later of the report to

them. See Folder 7). We believe that she followed direct orders from her
boss, and her boss is Marilynn W. Rowdybush in the process to
Mario Herrera. 31
sabotage my rights. That is why it is very important, that she has to step
forward in front a USA judicial court and explain and clarify reasons for
all these ambiguities, where she has been the front face of the embassy
and the final statements has been taking by Rowdybush. In other words,
it has been a double standard that need to be clarify.
m
I have been giving more than 10 reasons (and multiple questions to
answer) why this still USA consul Marilynn W. Rowdybush with her
unprofessional and neglected action, and with the conspiracy of others,
co
she has sabotaging and undermining my most elemental rights in behalf
of a federal position violating the law. These more than “10 reasons”
exemplification demonstrate here, perfectly merit to criminal prosecute
u.
Marilynn W. Rowdybush and also the others mention in the list below
(See two groups as Summing up Chapter 5). She did not act alone, and
she knew perfectly what she was doing. She has been acting all the time
yo
with premeditation.
This USA consul Marilynn W. Rowdybush, she has been acting against
or
my person giving me guilty for granted in reiterative occasions. She has
been acting more like a defender of the Constitutional Monarchy of
Denmark than as an USA authority. It is however incredible that the
sf
Danish prosecutor Jens Rasmussen acted in fact more as my consul
suppose to be acting.
ht
5 Summing up
ig
Direct responsible: Persons that directly contribute to this conspiracy

and main responsible for my legal protection. These persons are the direct
responsible to guarantee my protection rights under Vienna Convention
or
on Consular Relations Article 36 (a).

.n
1. Marilynn W. Rowdybush (Actual USA consul in Denmark).

2. James P. Cain (Former USA ambassador in Denmark).
3. Anita F. Funcke (Actual member of consulate in Denmark). *
w
4. Jeff Howard (Actual security officer in USA embassy in

Denmark).
w
5. Andrew T. Miller (European Division Chief Office of American

Citizens Services and Crisis Management).
6. Sandy Schmierer (European Division Chief Office of American
w
Citizens Services and Crisis Management).

7. Condoleezza Rice (Former USA State Department)
Mario Herrera. 32
Indirect responsible: Persons that have the obligation under USA
Constitution to safeguard my interest as American citizen and they
refused to protect me with their conspiracy silence.
1. Bill Nelson (USA. Florida Senator).
m
2. Mel Martinez (USA. Florida Senator).
3. Lincoln Diaz Balart (USA. Florida congressman).
4. Charlie Crist. (USA. Florida governor).
co
5. Mike Mukasey (USA General Attorney).
6. Bill McCollum (USA Florida General Attorney).
7. George W. Bush (USA former president).
u.
At this point, letters has been already dispatched to the following USA
authorities but like usual not a single answer.
yo
1. Barack H. Obama (Actual USA president).
2. Hillary Clinton (Actual USA State Secretary).
or
3. Eric Holder (Actual USA General Attorney).
Only from The White House, we have received post office receipts back.
sf
In my multiple letter to the USA State Department it Never EVER from
neither the USA State Department nor the Justice Department it is
ht
possible to get back the post office receipt. It seems that always
somebody it is very interest do NOT let the postal receipt arrive back to
its destination. According Denmark Postal Office, these post office
ig
receipts has been delivered in to USA postal Office service, but the
receipt never came back like The White House for instance.
or
5.1 My accusation
I accuse these persons mention above as the persons responsible for the
.n
physical, psychological and legal damage (all these persons have been
ostensible damaging my believe in the USA judicial system) to both my
w
person and my family, and I am requesting to the Federal Bureau

Investigation your full intervention with the finality to prosecute in court
w
for those responsible in front the USA justice.
FBI you have my total approval for this intervention as the full
w
collaboration from both my wife Gitte Toldsted and myself.
Mario Herrera. 33
5.1.1 In the base of Denmark Police and FBI collaboration
In the base of: (And whatsoever other USA law that protect me)
m
• Vienna Convention on Consular Relations Article 36(a)
• Title 18, U.S.C., Section 241. Conspiracy Against Rights.
• Title 18, U.S.C., Section 242. Deprivation of Rights Under Color
co
of Law.
Whatsoever Denmark did it, they will be prosecuted and responsible in
u.
front the European Court of Human Rights. Whatsoever same USA
authorities did it and are responsible, they have to be prosecuted in front
USA judicial court.
yo
In both case, I wish they have total and full judicial guarantees, the same
one that all of them worked so hard for negated once to me.
or
Until here this document.
sf
Mr. Robert S. Mueller III, FBI Director. Really sorry for this long
letter, but I hope you understand that this is the accumulation of more
than two years and I have been trying to do my best to synthesis
ht
everything in this document the best possible.
This document is coming together with my accusation to actual USA

ig
consul in Denmark in separate document, plus an inventory of all the

documents that you can read in the next Chapter No. 6 back it up in a CD.
or
I suppose that you will know the best way to address this investigation.
Waiting news from you ahead. Thanks in advance for your attention.
.n
Sincerely.
w
w
Mario Herrera Gitte Toldsted

w
Hjortevej 2.
8700. Horsens. Denmark.
Tel. 4529295209
Mario Herrera. 34
6 Inventory of CD Documents
Name: Mario Herrera.
Case: Danish police brutalization November 1, 2006.
• Letter Sent and Received: (Folder 1,2,3,4,5)
Folder Whom Status Date
m
1 Condoleezza Rice & Mel Martinez Sent July 17, 2007
2 James P. Cain Sent November 4, 2007
2 Marilynn W. Rowdybush Received November 20, 2007
co
3 James P. Cain Sent November 16, 2007
4 Jeff Howard Received September 20, 2007
5 Marilynn W. Rowdybush Received January 25, 2008
u.
5 Marilynn W. Rowdybush Sent July 20, 2007
• Medical Documents: (Folder 5)
yo
Folder Document Date
5 Anita F. Funcke medical notification December 3, 2007
5 Orthopedic Specialist Statement April 4, 2008
or
5 Doctor Statement English translation July 16, 2008
5 Left damage shoulder comment
5 Right normal shoulder comment
sf
5 Anita F. Funcke confirmation Hospital assistance July 31, 2007
• Postal Office Receipts: (Folder 6)

ht
Folder To Whom Date Sent Date Received

ig
6 James P. Cain Feb 11, 2006 No service inside DK

6 James P. Cain November 19, 2007 “ “
6 Anita F. Funcke November 10, 2006 “ “
or
6 Anita F. Funcke July 5, 2007 “ “

6 Mel Martinez July 18, 2007 July 27, 2007 (USA)
6 Mel. Martinez August 6, 2007 ?
.n
6 Mel Martinez November 19, 2007 November 29, 2007 (USA)

6 Condoleezza Rice July 18, 2007 ?
6 Condoleezza Rice August 6, 2007 ?
w
6 Condoleezza Rice (*) November 19, 2007 ?

6 Marilynn W. Rowdybush August 6, 2007 No service inside DK
6 Bill Nelson November 19, 2007 November 29, 2007
w
6 Lincoln Diaz Balart November 19, 2007 November 29, 2007

6 Bill McCollum October 13, 2008 ?
w
6 James P. Cain (*) November 27, 2008 No service inside DK

6 Charlie Crist November 20, 2008 ?
6 George W. Bush November 7, 2008 November 25, 2008
6 Michael Mukasey Sept 1, 2008 ?
Mario Herrera. 35
(*) Condoleezza Rice, she was notified again in a last letter or letter number four, about
her visit to Copenhagen, Denmark. December 4, 2009. This letter was delivery to the
USA embassy, to former ambassador James P. Cain, November 27, 2009. Then inside
this letter it was a letter to Condoleezza Rice, and at the same time, inside this one, a
letter to former USA president George W. Bush.
• Gitte Toldsted Post Office Receipts. (Folder 6)
m
Folder To Whom Date Sent Date Received
6 Condoleezza Rice December 8, 2008 ?
co
6 George W. Bush December 20, 2008 ?
• USA embassy to Danish Police documents: (Folder 7)
u.
Folder Type Date
7 Assistance to US citizens Webpage State Department
yo
7 Anita F Funcke – Case worker no longer September 12, 2007
7 Anita F Funcke – Second Court Assistance notification. September 27, 2007
7 The only protest made by consul but never followed. July 25, 2007.
7 Hanne Rahbaek document delivery by Anita F. Funcke August 24, 2007
or
7 USA consulate request to Police 25 days later -Danish November 27, 2006
7 USA consulate request to Police 25 days later -English November 27, 2006
7 (*) Jens Rasmussen Hidden Document in Court ?
sf
7 (**) Danish Police Indictment (English Version) November 22, 2006
7 (**) Danish Police Indictment (Danish Version) November 22, 2006
ht
(*) Statement made by the same prosecutor that signed my case indictment. This is the
document hidden in two consecutive court to my lawyers. American embassy received
in the name of former ambassador James P. Cain, former Secretary of State
ig
Condoleezza Rice and Florida Senator Bill Nelson and Mel Martinez, as Florida
congressman Lincoln Diaz Balart. All these USA authorities were fully informed
about this document in the letter November 16, 2007 (See Folder 3)
or
(**) Official Danish Police Indictment. Realize the date when Danish police release
their indictment November 22, 2006, here you can see that the Danish Police took 21
days! to “made up” the indictment for what I supposed to be accused. (Why do the
.n
Danish police took 21 days to made my indictment, why USA embassy took 25 days to
request them? Isn’t suspicious? Is this the normal procedure? Of course you FBI and
me, we both know that it is not)
w
• USA State Department letter: (Folder 8)

w
Folder Type Date

8 USA State Department letter page 1 January 13, 2009
w
8 USA State Department letter page 2 January 13, 2009

8 USA State Department envelop January 27, 2009
Mario Herrera. 36
• Audio tape and Script to USA State Department and FBI
official Brain at USA embassy in Copenhagen. Denmark:
(Folder 9)
Folder Type Date
9 Audio Tape – USA State Department January 28, 2009
m
9 Script Audio Tape – USA State Department January 28, 2009
9 Audio Tape FBI officer Mr. Brain - USA Denmark July 6, 2009
co
Note: All the persons on tape mention in the table above, they have been previously
notified that they have been recorded.
• USA State Department Video: (Folder 10)
u.
Folder Type
10 USA State Department Video about VCCR 1963
10 Photography of Nicolai Cederskjold.
yo
• Florida governor Charlie Crist letters: (Folder 11)
or
Folder Type Date
11 Florida governor Charlie Crist email June 26, 2008
11 Florida governor Charlie Crist letter November 17, 2008
sf
• USA federal authorities: (Folder 12)

ht
Folder Type Date

12 Angela Froelich & Zina Jackson Florida Bar Assoc. February 23, 2009
ig
12 Bill McCollum Att. Gral. Florida. October 13, 2008

12 Bill Nelson Open letter January 14, 2009
12 James P. Cain – Rice – Bush November 27, 2009
or
12 Florida Bar Association email. Mar 21, 2009

.n
• Emails warning USA consulate in Copenhagen Denmark

that Danish court system is a “Circus” due the lack of
w
judicial guarantees. Also requesting appointment with

former ambassador James P. Cain. (Folder 13).
w
Folder Type Date

w
13 First warning USA embassy first court procedure – 3 months March 25,
before it. 2007
13 Second warning USA embassy second court procedure – 3 October 9,
days before it. 2007
Mario Herrera. 37
• Letter to USA former presidents George W. Bush and
actual president Barack Obama (Folder 14).
Folde Type Date Sent Date Received

r
14 Letter to George W. Bush-Mario November 5, 2008 November 25, 2008
m
14 Postal receipt G.W.Bush November 7, 2008 November 25, 2008
14 Postal receipt G.W.Bush-Gitte December 20, 008 ?
14 Letter to Barack Obama Mario May 11, 2009 June 12, 2009
co
14 Postal receipt B.Obama-Gitte May 18, 2009 June 12, 2009
14 Postal receipt B. Obama-Mario May 11, 2009 June 12, 2009
14 LetterToCainFromGitte November 4, 2007 No serv. inside DK
14 LetterGitteToObama May 18, 2009 June 12, 2009
u.
• Resume from the first Court Trial. (Folder 15)
yo
Folder Type Date
15 Brochure delivery to me by Danish police November 1, 2006
15 Bus Ticket – Bus 5A November 1, 2006
or
15 The court-book first court trial. November 1, 2006
15 Danish Police answer 1,2,3,4 jpg June 7, 2007
15 MarioComplaintToDanishPolice November 9, 2006
sf
15 AnitaFunckeSpeakingToDanishPolice November 6, 2006
ht
• Marilynn W. Bush of her sabotaging my case. Conspiracy

and Abuse under law color.
ig
or
.n
w
w
w
Mario Herrera. 38

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4.6 Justifying an illegal strip-search .................................................26

4.8 Limiting my rights to assistance .................................................27

4.10 Defending the Danish authorities, taking for granted that I am a

4.12 Continuous allegations that I am lying about my health ............30

4.15 Note about Anita F. Funcke ........................................................31

5.1 My accusation .............................................................................33

I Mario Herrera, American citizen, am requesting to the FBI (Federal

color of the law).

direct responsible group (See chapter 5) that I am making responsible in

first, without to receive my full arguments and evidences, he is putting on

deprivation of rights under the color of the law.

Now, I pass to explain my case:

Date: November 1, 2006.

Mr. Cederskjold answered me back that no problem at all, but he wanted

Now Cederskjold said to me that he only cared about to ask my name,

Immediately I followed his instructions and I pulled out my hands from

call the American embassy”. Then Nicolai Cederskjold covered my

This is the official accusation or indictment from the Danish Police

Then after around 10 or 15 minutes in this position, I was lifted up from

keep hearing their voices. They proceeded to take off my trousers, my

ass and my genitals. They also took off my shoes.

He made (apparently) a phone call in front of me at his desk, and after a

Then he started to read me the police accusation or indictment from his

Then he said to me that he needed to take my picture, my finger prints

then he delivered a brochure in Danish (See folder 15) with the

police officer delivered me back my mobile and I called my wife for as

I only received a list of possible Danish lawyers to contact and signed a

No body can give me an explanation why:

Copenhagen, Denmark released a request to the Danish police to clarify

Never ever the actual USA consul in Copenhagen, Denmark Marilynn

Marilynn W. Rowdybush started to write to me, after I notified in July

2007 via telephone in a conversation with Anita F. Funcke that I already

her time as USA Secretary of State)

• Never ever the Danish police said or informed to me the reasons

by a public prosecutor. Apprehended persons were brought before an independent judiciary. If an

Is charged at the Copenhagen City Court/The Court in Frederiksberg

and Nicolai Cederskjold with threat of violence, while he, after

am going to get you” or the like, as well as he was spiting after

them shouted “Fuck you” and “Fascists” or similar.

Kristian Braad Jensen

Police head clerk.

• What is the reason why they arrested me?

Then next I will explain the two court trial processes:

3.4.1 First Court (June 25, 2007)

happened in front of my former lawyer, USA embassy case worker Ms.

This document was backed up to the USA embassy by Ms. Raehbek.

Later I dismissed Ms. Raehbek, as my lawyer to go to the second court,

and I insisted declaring innocent until the opposite is proved.

3.4.2 Official Danish Police Indictment.

The USA embassy in Copenhagen have been totally accomplished and in

• Declaration of Anders Bitsch (See court-book Folder 15)

But yet, could this justify this police brutality?

Danish police official indictment, then the following question come to

Why the USA embassy in Copenhagen, Denmark has been so

cooperative with this type of lack of judicial guarantees?

3.4.3 Second Court (October 12, 2007)

Ms. Anita F. Funcke, in the aftermath of the second court, she

wife Gitte Toldsted, my former lawyer Hanne Raehbek and myself.

Anita F. Funcke, ensured us that she would report the incident.

different statement that the rest of the police department about my

Attorney in my two court cases I would not have been unfair