Michael Volpe Investigates Special Report: convicted of violating a non-existent restraining order

I speak with Mike Kerry, and that's exactly what happened to him. An LA County, California court convicted him of violating a non-existent restraining order
Screenshot from my conversation with Mike Kerry

{Note, please check out the video which includes bodycam footage, not available anywhere but in the interview}

According to the Los Angeles (LA) County Clerk of Courts website, Mike Kerry was found guilty of violating a restraining order on March 18, 2024. The violation, according to the court website, occurred on August 1, 2023.

Except, Mike and I went through body cams, police reports, and other evidence, and the restraining order in question doesn’t appear to exist. In fact, the evidence shows no one but one dirty cop, Officer Kellum of the Los Angeles Police Department, could locate this restraining order.

Above is the smoking gun police report. LA PD officers, not including Officer Kellum, went out the residence of Mike’s ex-wife, Ana Rojas, for what appeared to be a violation of a restraining order, however upon investigation, the police report stated, “Upon further investigation, utilizing department resources (MI checks, DRVOS, and a check with WLA principal’s clerk) officers were unable to substantiate that an active restraining order HAD BEEN SERVED. {emphasis mine}

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In the broadcast, Mike told me that he received this police report on March 20, 2024. It was withheld from him, a blatant Brady violation.

{Check out the story on Alec Baldwin and his Brady violation)

None of that mattered, Mike told; the conviction stuck, and he believes that the reason is his ex-wife’s occupation.

Screenshot from LAPD bodycam taken on July 31, 2023, of Ana Rojas and her brother speaking to LAPD officers.

Ana Rojas, his ex-wife, is a diplomat, and at the time, she was the Consul General for Costa Rica.

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Mike told me that the affair started on July 31, 2023, when LAPD officers showed up at the home he shared with Ana and initially arrested him.

Screenshot of Mike being cuffed on July 31, 2023.

Upon investigation, LAPD officers determined that rather than having Mike violated Ana meant to ask for a “civil standby.”

That is law enforcement jargon for having cops come to make sure that someone served with a restraining order does leave and nothing escalates.

LAPD officers continued to investigate and determined that no restraining order had been issued on that day, July 31, 2023, let alone served.

Mike was released.

He told me he spoke to multiple lawyers, and none could find a restraining order.

Mike showed up at LAPD on August 1, 2023, and he spoke with Officer Diaz. Officer Diaz, according to the bodycam which we played on the broadcast, also confirmed to him that there was no active restraining order. He further advised to leave the home and wait for LAPD if there is further trouble.

Officer Diaz provided Mike with a card.

Later that day, LAPD officers, including Officer Kellum, visited Mike’s home again, with another purported restraining order violation. Officer Kellum did find this restraining order.

On August 31, 2023, a new set of LAPD officers visited the home again, and their police report concluded no active restraining order was on file.

I emailed the LAPD but received no response.

The Los Angeles City Attorney’s Office prosecuted the case. Their office provided this statement.

Hydee Feldstein is the elected Los Angeles City Attorney

“Please check with the California Superior Court for a copy.” The LA City Attorney’s Office stated.

I could not find one, however, here is a link to the website for the LA County Superior Court, where the case was held.

I reached out to Ana’s attorney, Farbood Majd. On the July 31, 2023 bodycam, he approached officers with a purported restraining order, however, afterwards, they could not find said restraining order in the system.

Mr. Majd did not respond to an email for comment.

Screenshot from the July 31, 2023, bodycam with Mr. Majd searching for the restraining order to show police.

On September 18, 2023, Mike had his initial hearing. Mike told me that his attorney believed it was perfunctory, and he didn’t need to be there.

Instead, the judge, Liliana Gonzalez, allowed Ana to testify in what Mike told me was akin to a “victim impact statement.”

Ana talked about previously unreported, and uncharged, purported domestic violence during her testimony. Mike’s side was not prepared for, and nor did it present any witnesses.

Judge Liliana Gonzalez from The Daily Journal

Eventually Mike faced seven charges.

Mike told me that the August 1, 2023, bodycam from LAPD of Officer Diaz telling him that there was no restraining order was not allowed into trial.

Six of the seven were eventually dropped, but the prosecution went to trial on the one remaining violation of restraining order charge.

The August 31, 2023, police report was not shared until March 20, two days after trial.

He was convicted in a sham trial, with the exonerating evidence never being introduced.

Because Mike and Ana were simultaneously going through a child custody case, Ana played this conviction up in her child custody matter.

Ana was given sole custody, allowed to leave the US; Judge David Wasserman, who issued the child custody order, granted her a five-year restraining order as well.

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