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Desiree Capuano & James Pendleton
250 E. Placita Lago Del Mago
Sahuarita, AZ     85629
Tel: 520-288-8200
desiree.capuano@gmail.com
japendletonjr@gmail.com

R. v. Patrick Fox - RCMP Interviews

Burnaby File: 15-32597
Statement of Desiree CAPUANO
Statement Date: 2015/07/19
Statement Time: 13:26 hours
JD: Cst. Jean-Phillipe DUPONT
DC: Desiree CAPUANO

1.JD:This is Constable DUPONT for file number 15-32597. Reg. number 61612. It is currently 13:26, Sunday, July the 19th. Okay so if you can just say your name and make sure you speak loud on the recorder so we can hear it.
2.DC:Yes. My name is Desiree CAPUANO.
3.JD:Perfect. Alright start with can you give me a little bit of uh the summary of your relationship with him, when, when you met and how long you were together and, and son.
4.DC:Yeah. Uh we met in the year 2000. Um we were together off and on for a couple months. Um I ended up pregnant and uh we went through a marriage ceremony. Um within the first year of the child being born we separated and have not been together since. That would have been 2001, 2001 or 2002 that we separated. Um the marriage was not legitimate as he was going by the name Richard RIESS and married to two people in the United States. I was the second one. (clears throat) 'Scuse me. Um I did know that he was from Canada. Uh he did tell me at the time that he was making up and using social security numbers in the United States. Uh and that he was not here legally. Um, and I was very young and I was very naïve at the time and uh, um, do you want the whole story, it's really long.
5.JD:No, no I'll just, I'll just sit and maybe if you can tell me then uh about the harassment just for how long has it been going on?
6.DC:Sure. Uh he, he took my son {G*****} uh when he was about a year and a half old and uh, proceeded to move between states and so for about nine years I had no idea where my son was. Um, in uh, February of 2011 I received a letter from him uh from uh several jail in the United States asking if I wanted to know where my son was. I replied yes and uh since that time um, it's, he's just been bombarding me with things. Um it got really bad in uh, towards the end of 2011. But um all throughout 2011, 2012, 13 and 14 uh and now 15 um, it, it's been a series of him watching my every move, uh checking out all of my information, trying to find out as much as he can, um taunting me with it, uh threatening um jj, basically keeping me under his thumb. Moving exactly where he wants me to go. Um in 2000, (clears throat) 'scuse me, in 2014, March of 2014 um he uh, he, he decided to move beyond the custody or the, the issues of child and he started up a website that is my name and has all of the information that he's gathered over the years up there and uh, he created a LinkedIn account uh connected to my primary um that had all of my work associates and said that I was a stripper and uh, drink beer and, and uh, that um, you know did drugs and so all of my work colleagues were connected to that account. I uh, worked (inaudible) (inaudible) get it taken down and I did get it taken down but there was no repercussion for him. Uh he then proceeded to send emails to everybody that I worked with. Um things like I do drugs and there's nothing that you can do about. Um he sent long, long emails depicting the custody issues to over 600 people in my organization, in my company's organization. That he (inaudible) letter to the board of trustees for the company that I work with, um the board members and uh it said I smoke pot and there's nothing that you can do about it so fuck you. And uh he sent me emails saying that he was doing this to try to get me fired. Um and that his purpose in life is to destroy me and he would not stop until it was done. Um my company supported me and they uh, they, they locked down all communications (inaudible) (inaudible) individuals that had been compromised in it and um, so uh nothing bad happened to me during that but um, uh with the help of my company and myself I got the website taken down in the United States through GoDaddy. Uh GoDaddy finally took (inaudible) and made him take it down. It was down for a little bit until he um, got the internet provider up in Canada and started hosting it himself so the website is now back up. Um, uh there are threats to contact my current employer uh or what he presumes is my new employer and star the same things as he's done with my old one, give them the website and um tell them his opinions of me and, and see if he can get me fired from there. Um, he's uh, indicated that he wants to hire someone to have sex with me so that he can get intimate pictures to put on his website. Uh he claims to have my social security number uh which he says he's gonna use uh for various different things, um posting up on billboards or posting on the website. Um, uh, he, I had a conversation with my son and said that uh, he would love to shoot me but that uh it's not worth the risk of going to jail. And so he won't physically shoot me. Um and throughout all of the emails uh he basically says that there's nothing that I can do to stop him.
7.JD:Okay. Uh so, so have you asked him to stop then?
8.DC:I have. I have asked him to stop many times. I've asked him to stop with the emails, I've asked him to stop with the harassment, I've asked him to stop with the uh website, uh yes.
9.JD:Oh.
10.DC:And every single time he comes back and claims that he is not harassing me, that he is well within his rights to do whatever he wants to do.
11.JD:Okay um, a couple questions just so that we can uh have on file so that we know uh those specific things. Uh,
12.DC:Mm-hmm.
13.JD:can you just tell me about with the custody arrangement for your son.
14.DC:Yes. Uh, our son is 14 years old, he will be 15 next month. Uh sorry not next month, in September. Um, and currently I have sole physical and legal custody of the child through the State of California, uh which has jurisdiction over the child, United States. Um I am required to provide reasonable visitation uh for my son to see his father as determined by me.
15.JD:Okay. Um, so your child is under U, uh U.S. or Ca-, Canada, Canada law?
16.DC:United States.
17.JD:United, okay. Alright um, just checking here. Did you ever give permission to anybody to use the photos or information that's on the website that, that he's (inaudible)
18.DC:No, uh I did not. The photos were access through my son's social media account. The pp, um the father accessed my son's social media account with whom I was linked and accessed all of my information through there without my permission. I have had, I have since had to block my son from any social media sites that I'm on.
19.JD:Okay. Alright um
20.DC:Specifically Facebook.
21.JD:Okay. So Facebook. Um did you have access, well how did you have access to the uh government documents from Richard RIESS? 'Cause you, 'cause I received the, the documents, government documents. How did you have access to that?
22.DC:Uh which government documents, the deportation record?
23.JD:Yeah and the other uh documents that, (inaudible).
24.DC:He sent them to me. Um I told him that I would not send my son to Canada um, to a person by the name of Patrick FOX, since the custody order and the visitation and my son's birth certificate is all labeled as Richard RIESS. Richard RIESS is the father, Richard RIESS is on the custody order, that is the only person on the custody order. And I told him that if he had no documentation connecting him to the person Richard RIESS that I was not going to send my son up there. So he sent me, um a copy of the deportation paperwork stating that his name is Richard RIESS. And then he sends me an email with a birth certificate and a gun licence and um, uh an I.D. all Canadian with the name Patrick FOX.
25.JD:And uh, and how, how were you able to connect that this was coming from him?
26.DC:Um, well the email, emails have originally started with Richard RIESS. The emails then changed to Patrick FOX and then Patrick FOX at the company. Um I have an email from the Patrick FOX email address stating that I should still refer to him as Richard RIESS. Um, I have emails from him stating that even though he's Patrick FOX he still is Richard RIESS. Um, honestly I'm quite confused about who he is. But uh this is the person that I've sent my son to go visit ever since he was Richard RIESS, the same um, same address, same phone number.
27.JD:Okay.
28.DC:As far as I can tell it's the same person.
29.JD:Okay. And uh the documents that I received with, with all the emails exchanged, were you the one that sent it to me?
30.DC:I'm sorry can you repeat that one more time, I'm so sorry.
31.JD:(Inaudible) just so that we can add it on the file. Were, were you the one that sent the uh, the emails copies to me?
32.DC:Yes, I am.
33.JD:Okay. Uh do you fear for your safety?
34.DC:One more time.
35.JD:Do you fear for your safety?
36.DC:I fear that Patrick FOX has the ability to enter the, the United States unknown to either country. I fear that if he had nothing to lose he would enter the United States under the identity of Patrick FOX and would shoot me if he could not get caught, yes.
37.JD:Okay. I know it sounds just kind of uh robotic, here my, my answers, my questions but it's just so that we can have everything uh clear here. So is this website, the one that he made, is it affecting you in any way?
38.DC:Yes. That website is (inaudible) almost jeopardized my job. Um it is the first thing that people see when they research my name. Um, I have had individuals, work colleagues approach me about the website, it's defaming my reputation. Um future employers uh when they research or background check or anything else they see this website. Um yes it is affecting me.
39.JD:Okay. And uh, and I know there was, well you already told me a little bit about the, that you fear that he would come and, and shoot you. But you could just tell me again about the, the, the threats that he's made towards you, just more specifically about that.
40.DC:The threats that he has made are not physical, the only physical threat that he has made is that he would, he would shoot me if he could get away with it. Um, most of threat are to destroy me and any potential life that I might have. Um it's uh all geared around destroying my reputation, ensuring that I can't get a job, um, basically damaging my life to the point that I can't live. Um the threats that he makes all indicate that he plans on doing this within the law so that I cannot prevent him, uh or stop him from doing so.
41.JD:Alright um, (clears throat) sorry, so uh, can you tell me a little bit about maybe the, the last interactions you've had with him? Well I mean through uh the last thing that he sent you.
42.DC:Yeah. Yes I can. Um, the last conversation or the (inaudible) conversation uh emails that I've received from him are regarding my physical address. Uh due to the issues that I've been having with him I, I did not want him to have my physical address. I am renting a house from someone that {***V01***} and I have agreed to not allow the address to be made public. So I did not give um him the address. Uh, he was able to find the address anyway and he has put the physical address up on the website. Um the ca-, the emails that I have received uh, regarding this um are, um, are basically just statements that, you know he has the address, he can publish the address, there's nothing I can do about it. He's now researching the person that owns the house, finding out as much information as he can about the person that owns the house. Um talking about how he's maybe gonna contact them or um, at least you know um, issues or complications that uh the owner of the property may encounter by allowing me to be a tenant in his house. And uh, and then threats that to withhold the address from him is to abscond um, our son from him and um, in some way it would be uh like kidnapping if I don't provide him the physical address but it doesn't matter because he has it anyway.
43.JD:I see. Okay um, you mentioned something earlier uh, I know it's probably, it would probably be a long story but if you could just uh summarize a little bit. You said that he took your son for nine years.
44.DC:Yes.
45.JD:You mentioned. Can you just tell me a little bit about that period of time what happened?
46.DC:Mm. Yeah. Uh, I uh, I left him and I had my son with me. Um I was in Arizona, he was in California. I went to Florida um, to visit, um the plan was I was going to be there for a couple days and then I was going to fly back to Arizona and get my son and go back to Florida. While I was on my way to Florida, he went to Arizona and he took my son from my mom who was watching him. He took uh my son back to California, filed for custody and said that I abandoned my, my child, my son. Um, we fought for about a year until we were awarded joint custody. The problem was that the joint custody was two weeks with each parent and I was in Florida and he was in California. And so we were supposed to fly a one year old back and forth between California and Florida every two weeks. I had the first visitation with uh {G*****}, our son and um, Richard, Patrick came to Florida to pick him up, he tried to disable the brake lines on my car and uh, I gave my son to him as per court order. Um he took {G*****} and I did not see him again. Uh for the next two week visit I could not afford to fly him out. Um, uh the email address changed for him, the phone number changed for him. Um, I lost contact with him, uh he did not provide any contact information for me to keep in touch with my son. Um, couple years later he showed up in Arizona, uh tried to contact my mother. My mother got to see my son uh, her, her grandson uh for a couple days and then he was gone again. The place where he was living was abandoned, the phone number didn't work anymore. Couple more years went by, didn't hear anything again. Uh showed back up in Arizona, uh new address, new phone number. Um, I spoke to my son one time in 2007. Uh he was six or seven years old. Um and my son just kept rr, asking me to come meet him in the park in the middle of the night and I told him I couldn't do that. And uh, I didn't hear from him again until 2011. Um, so uh from Florida I did try to find my son many, many times. I tried to locate him, I contacted everybody I could think of and nobody could help me. So um I didn't know if he was in California, I didn't know if he was in Arizona. Uh when I finally, when Richard or Patrick, whatever his name is, when he asked me if I wanted to know where my son was it was 2011. Richard RIESS uh was in Arizona in a federal detention facility. My son was in California uh being raised by a lady that he knew, that did not have guardianship, never tried to contact me or find me, just took him and started raising him when Richard was arrested.
47.JD:Okay so, so that's, is that the moment when you, you saw your son again in 2011?
48.DC:Yeah.
49.JD:Oh.
50.DC:First time.
51.JD:And at, at the moment uh {G*****} is living with you.
52.DC:Uh no, at the mo-, at the time that I, I met
53.JD:I mean uh as of now.
54.DC:Oh as of now he's with me.
55.JD:Yeah okay. And uh, what kind of uh, relationship is he having with his, his father other than (inaudible), the reason, the reasonable visits like other than that?
56.DC:Um I believe they communicate over text message, phone. Um, Richard RIESS provided a cell phone, a mobile phone for my son. That mobile phone apparently he has used to track (inaudible) to find {G*****}'s whereabouts and that's part of the way that he was able to get the address, the physical address of where I live now. So he's been monitoring {G*****}'s actions and location through this phone.
57.JD:Mm.
58.DC:That um, yeah.
59.JD:Okay. Uh at this moment I'll st-, I will end the statement but I will continue talking to you a little bit. Okay so it's currently 13:47, this is the end of the statement.