DeclarationCal. Super. - 6th Dist.March 10, 2021DocuSign Envelope ID: 1D528D46-075F-4997-1 -701 7E5FABAF7 10 11 12 13 14 15 l6 l7 18 l9 20 21 22 23 24 25 26 27 28 JAMES R. WILLIAMS, County Counsel (S.B. #271253) F I L EKAVITA NARAYAN, Assistant County Counsel (SB. #264191 ,5 MICHAEL L. ROSS], Lead Deputy County Counsel (s.B. #184997) MAR l 0 20d BRAEDEN L. SULLIVAN. Deputy County Counsel (S.B. #253666) OFFICE OF THE COUNTY COUNSEL 70 West lIedding Street, East Wing, Ninth Floor BY San José, Califomia 951 10-1770 Telephone: (408) 299-5900 Facsimile; (408) 292-7240 FILED BY F Attorneys for Petitioner COUNTY 0F SANTA CLARA Exempt from Filing Fees Pursuant to Govt. Code § 6103 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA 2 1 C H 00 99 2 1 COUNTY OF SANTA CLARA, Case No. Petitioner, DECLARATION OF TERESE KNAPP IN SUPPORT OF APPLICATION FOR v. TEMPORARY AND PERMANENT RESTRAINING ORDERS MAGDALENA SANCHEZ, Respondent. I, Terese Knapp, declare: 1. I have personal knowledge of the facts contained herein and, if called as a witness. I could and would competently testify thereto except for those matters stated 0n information and belief, which I believe to be true. 2. I am currently employed as a Social Worker Supervisor for the Department of Family and Children’s Services, where I have been employed since 2002. 3. As a Social Worker Supervisor. I provide direct supervision and guidance to a unit of social workers, including Clare Reyes. My unit provides services and support to families with children under juvenile court supervision. In addition t0 providing supervision, I provide suppon to the social workers in my unit by interacting directly with parents, children, caregivers, and service providers associated with thc juvenile dependency cases. l Dec. ofTerese Knapp ISO Application ofCounty of Santa Clara for Temporary and Permanent Restraining Orders DocuSign Envelope ID: 10528D46-075F-4997- >7017E5FABAF7 10 ll 12 13 14 15 l6 17 18 l9 20 21 22 23 24 25 26 27 28 4. One of the cases in my unit involves Respondent Magdalena Sanchez and her eight- year-old son, D.S. Respondent has another son, J.S., who is assigned to a different social worker named Milagros Saybe. 5. On February 23 and 24, 2021 , Ms. Reyes and Respondent participated in a contested juvenile court proceeding regarding D.S. At the conclusion of the trial on February 24, 2021, the Honorable Frederick Chung ruled against Respondent. 6. Later that afternoon, I became aware that Respondent was sending threatening messages to both Ms. Reyes and Ms. Saybe. Ms. Reyes and Ms. Saybe showed me screenshots of the text messages and typed transcriptions of the audio messages, and also forwarded the audio messages for me to listen to. 7. The most disturbing messages from Respondent that I reviewed on February 24, 2021, are as follows: a. “It’s not gonna happen, because from here on out Clare is gonna lose her tongue for lying, the judge, I am a good hunter, l am a very good am mother fucking hunter, from squirrel, to deer, to anything, trust I am that, best believe.” Respondent sent this message t0 Ms. Saybe. b. “My daughter, she can kill, real quick and when she kills, she don't miss, my daughter never misses, she will shoot and she will shoot to kill, that’s a promise.” Respondent also sent this message to Ms. Saybe. c. “You’re a motherfucking liar bitch. See how you can talk with your tongue cut out bitch.” Respondent sent this message to Ms. Reyes. d. “One day it’s gonna be my son’s day and when that happens, it’s gonna be your day too. That’s a promise. And you for lying, you need to get your tongue cut out. [inaudible] Bitch. Everything that you did you will deserve. That’s a promise. I’m not fucking with you. I ain’t fucking with you. I swear to God on Daniel’s life, I promise you will get your cut, tongue cut, and you will fucking have a day when I have to bury my son because you are a lying bitch. And Lindsay, her day is coming too. I promise. I know I’m recorded. I 2 Dec. ofTerese Knapp ISO Application ofCounty of Santa Clara for Temporary and Permanent Restraining Orders DocuSign Envelope ID: 1D$28D46-075F-4997-. -7017E5FABAF7 10 11 12 13 14 15 16 17 l8 l9 20 21 22 23 24 25 26 27 28 know I’m recorded. I don’t give a fuck no more.” Respondent lefi this message on Ms. Reyes‘ voicemail. 8. When I listened t0 these messages on February 24, 202 1 , I immediately became concerned for the safety of Ms. Reyes and other patties involved in the juvenile court proceeding. 9. I am aware that Respondent continued to send threatening messages to Ms. Reyes and Ms. Saybe, mostly on a group text message thread, throughout the following day. 10. The text messages Respondent sent t0 Ms. Reyes and Ms. Saybe on February 25, 2021, and which I have reviewed, included the following threatening statements: a. “I promise he ain’t the only one going down by himself everyone involved and helping this family adopt him Claire for lying and not doing your part we have in the Family Support t0 have my son here in our home but because of your line the judge the family themselves it will be a bloody fucking day and I will go with him I’m not threatening it’s a promise it will happen.” b. “I will shoot t0 kill slowly and you that listed will die slowly if my son’s going to die slowly I will make sure that you will suffocate and you will die slowly.” c. “I understand that these are very serious words I understand that this looks like I’m crazy I am not crazy I am not being hindered by any drugs this is coming from my heart my mind and my children are this their father has said this and right now their fathers in custody so I as his wife will fulfill these tasks you fucked up Claire you fucked up Dr. her on her fucked up Anna Martinez fucked up . . . I’m already going to hell as it is I made a choice when I was 13 so guess what it really doesn’t matter.” d. “I got you Lindsey you’re mine eye for an eye and Claire an eye for an eye I’m not gone I’m waiting for you I’m not going nowhere until you’re gone.” 11. These messages increased my level offear regarding the safety and wellbeing of Ms. Reyes, as well as D.S.’s caregiver, Lindsey, and others involved in her juvenile court case. 3 Dec. ofTerese Knapp ISO Application ofCounty of Santa Clara for Temporary and Permanent Restraining Orders DocuSign Envelope ID: 1D§28D46-075F-4997-; -701 7E5FABAF7 12 l3 l4 IS l6 l7 18 l9 20 21 22 23 24 25 26 27 28 12. Upon information and belief, late in the afternoon on February 25, 2021, Respondent came to the building where Ms. Reyes, Ms. Saybe, and I are employed. She did not have an appointment to meet with any ofus. l3. I have been told that Respondent attempted to force her way into the secure area of the building but social worker Roxana Chavez was able to block her entry. Respondent was ultimately escorted from the building. 14. Shortly thereafter, Respondent sent several additional messages t0 Ms. Reyes and Ms. Saybe, including the following: a. An audio message stating: “Clare, if I have to die I am gonna get to you. That’s a promise.” b. A selfie photograph of Respondent outside of our place of employment. c. A text message stating, in part: “she needs to get her tongue cut out seriously.” d. An audio message stating: "yes, I am right here, I don’t bc giving a fuck. What am I gonna lose? What am I losing? What am I losing?" e. An audio message stating: “l will make this my feat, tonight.” 15. Most disturbing is the voicemail message Respondent left for Ms. Reyes, which stated: “Where l’m at Clare, I can see clearly. [inaudible]..that you’re in your car, that you’re in your office. I'm gonna get you bitch. Promise. I‘m gonna get you. I’m not lying. Remember] said it’s not going to be nice if you lie. Your mother should have told you not to lie. Your mother should have taught you better. Now they’re going to have to bury their daughter. I’m not donc with you bitch. You’re mine. I’ll make sure you get your tongue cut out. Promise. Imma make sure. If I die trying.” l6. Based upon Respondent’s ongoing and specific threats to Ms. Reyes, as well as my training and experience as a Social Worker Supervisor, I believe Respondent poses a significant threat to Ms. Reyes’ safety. 17. On February 26, 2021, I called and left a voice mail messages for Respondent offering to set up a Zoom/vinual meeting so she could express her concerns directly to me, as a Social Work Supervisor responsible for overseeing the work of the County’s social work staff. 4 Dec. ofTerese Knapp ISO Application of County of Santa Clam for Temporary and Permanent Restraining Orders DocuSign Envelope ID: 10528046-075F-4997-1 -7017E5FABAF7 l3 14 15 l6 17 18 19 20 21 22 23 24 25 26 27 28 l8. I received a voicemail back from Respondent that stated: “ls this a voicemail of Terese Knapp? You actually decided to return my call. Afier all this time I have tried to get a hold of you and you decide not to return my call. Fuck you bitch. But l’ll be there. I’ll be there for the Fuckin meeting. Fuck you Cunt.” 19. I returned Respondent’s call t0 ask where I should send her the Zoom link for the meeting. As I was introducing myselfand explaining this, Respondent spoke over me. Respondent stated that she had been trying to reach me for two years to complain that Ms. Reyes did not know how to do her job. She stated that if her cousin was still on the case that this would not have happened. The mother’s statements were hard t0 follow and she spoke very fast. 20. At one point when discussing Ms. Reyes, Respondent stated that “Anything that happens t0 her, she gets everything that happens to her. That is a promise. Eye for an eye. You better believe.” She mumbled something about huning Clare Reyes, but I could not make out this statement. I attempted to decscalatc her and set up the meeting but the mother stated, “Fuck you '71 bitch, Fuck you cunt She spoke in a raised tone of voice in short phrases. 21. Respondent stated that she was going to come to the office right now and that she would be there to meet. I explained the meeting was not in person and that I was not in the office. Respondent interrupted in a raised tone of voice, again stating that she was coming to the office and that she knew l was there. I repeated that I was not in the office and that the meeting was virtual. Respondent then stated, “No, No, No,” and said she was coming to office because she had to meet in person. 22. Respondent went on to state, “I will go where you are. Where are you? Where are you? Where are you?” She got louder each time she asked. She stated that she was going to “hunt me down" and that someone named Mr. Ortega was going to help her get into the building and find me. l continued to explain that the meeting was virtual due to COVlD-l9, and the mother interrupted, “you Fuckin Bitch!" 23. Respondent stated, “l will find you, you better believe that’s true. . .I’m finding you bitch, l know where you slccp and l will get you in your sleep at home. I’m gonna find you cunt where you are. . .Mr. Ortega will be able to find you and you better believe." Respondent again stated 5 Dec. ofTerese Knapp ISO Application ofCounty of Santa Clara for Temporary and Permanent Restraining Orders DocuSign Envelope ID: 1D528D46-075F-4997-l -7017E5FABAF7 10 ll 12 l3 14 15 l6 17 18 19 20 21 22 23 24 25 26 27 28 she was on her way to the Julian office to meet me and stated that I had “better be there, because she knows.” 24. I again stated that I was not going to meet in person with her and was going to end the call, but that if she had questions she could call her attorney. Respondent stated, “Fuck you bitch, you mother fuckin cunt! I’ll get you.” The phone went dead. 25. During the telephone call, I felt personally threatened by Respondent. l have dealt with many emotionally dysregulated and angry parents over the years in my job, but I have never had a parent personally threaten me in this manner, let alone try to force her way into the building or make such gruesome and specific threats against one of the social workers in my unit. Based upon Respondent’s ongoing, specific threats and her attempt to carry out the threats by attempting to force her way into the office, I am gravely concerned that Respondent will attempt to find Ms. Reyes and myself. If she finds either of us, I am afraid that she will act on her threats and attempt to harm or kill me. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, except as to those matters that I state 0n information and belief, which I believe to be true, and that this declaration was executed on March 1, 2021, at San José, California. 2366mm 6 Dec. of Terese Knapp ISO Application of County of Santa Clara for Temporary and Permanent Restraining Orders
