The Stalker - New Charges part 21

Javier New: "It was the best of times, it was the worst of times"....

Speaker: Now that’s how you kick off a book. But Author Rachel Cholla? She’s no Charles Dickens.

Paula: Many families, mine included, are not tech-savvy families.

Javier New: You’re hearing an AI reading the opening lines of Layers of Attack, a self-published thriller by “Rachel Cholla.” No back-catalogue, no author bio—just a brand-new author nobody in publishing world had ever heard before.

Paula: Facebook; Words with Friends; Instagram; Amazon; Playlists and Personal Study was the extent of our time spent online. Installing a new printer or any other computer hardware would most likely present a small challenge.

Javier New: So Rachel Cholla isn’t exactly Neo from The Matrix. Got it.

Paula: Fast forward to 1991. I met my beautiful wife and three months later, we were married and heading to a honeymoon in La Jolla, California. Children and family responsibility then took priority in my life.

Javier New: Hang on—Rachel has a wife? Oh, right. Tiny detail: our mysterious author is writing from the husband’s poiunt of view. Totally not confusing at all.

Paula: I now had a family to support! It was time to get a “real job” and bring home a steady paycheck!.

Speaker: It was the end of November and the United States Postal Service typically hires temporary employees during the holidays. I was hired and worked my tail off while continually being told the job was TEMPORARY. Thirty years later, I was able to retire September 2022!

Javier New: Don’t worry, this isn’t a memoir about a humble mailman trying to recover his AOL password. According to Rachel, what happens next is far more sinister:

Paula: He was already in the house, though nobody in the house knew of his presence

Speaker: We couldn't see him, but he could see us. We couldn't hear him, but he could hear us. This person was very real and only had evil intentions. Realizing what was happening to our family, identifying the perpetrator, and getting this person out of our lives is still in progress...

Javier New: A shadowy stalker lurking inside the family Wi-Fi, hell-bent on ripping their lives apart. And the author swears this is all true? If this story sounds familiar, you’re not wrong—because Rachel Cholla is almost certainly Rick Fernandez.

Speaker: If you’re thinking, “Wait—what is Javier talking about?” you probably missed my 20+ part series The Stalker. Do yourself a favor: open Spotify, search “The

Stalker: Season 12,” and binge the playlist. It’ll catch you up on every wild twist.

Speaker: Now, back to Rick and Tanya Fernandez. While they were staring down multiple felony counts for harassment, they—or rather “Rachel Cholla”—self-published a tell-all book that using Dr. Gressman’s real name and even her home address. OKay, they wrote a book about the Gressmans? So what? Freedom of speech, right? But what happens when they mail that book to Dr. Gressmen's hospital and try to get her fired? They didn't think they were going to get away with this, did they? Today we're going back to Phoenix, where Rick Fernandez has just been hit with brand-new criminal charges. I even hired a court runner to sit in on the hearing. Here’s what I want to know: Are these fresh counts enough to torch their felony-diversion agreement? Could this finally be the moment the Fernandezes trade suburbia for a jail cell? And why did prosecutors pull Rick into a side room—and never bring him back? I’m Javier Leiva, and this is PRETEND—stories about real people pretending to be someone else.

Introjavier New: On January 4th, 2024. Rick and Tanya Fernandez were facing serious felony charges—despite the seriousiousness of their alleged crimes, the Rick Fernandez quietly publishes the book "Layers of Attack" on Amazon under the pseudonym, Rachel Cholla.

Speaker: One month later, according to the U.S. Postal Inspector's office, security tape shows Rick Fernandez at the counter, opening a PO Box—and he lists two names on the form: Ricki Lupe Fernandez … and Rachel Cholla. Only Rick shows ID. Apparently “Rachel” left her purse at home.

Remember: all of this happens before Rick and Tanya sign their felony-diversion contracts—a two-year deal that erases every charge as long as they leave Dr. Gressman and her family alone. The problem was, nobody in the courthouse knew about Rachel Cholla's book. Not law enforcement, the prosecutor, nor the judge.

Judge: I'm wondering though, have you heard of diversion? Do you know what that is?

Speaker: No. Okay, so diversion is something that the prosecutor's office can offer to folks that don't have any prior convictions and. It's a way to have it never be a conviction. You sometimes they make you go to treatment or I don't know what you would do in a case like this.

Tanya: I think counseling or treatment,

Judge: counseling or treatment for X number of period of time.

Speaker: And then if you do all of that, it goes away, gets dismissed, it's done. I. Over. The thing with diversion is I think they have to admit to something. There has to be a factual, there has to be a factual basis for it, but it goes, it goes away. It's never a conviction.

Tanya: I'm not ready to make that decision because like I said before, I don't wanna plead to some, I don't wanna plead guilty to something that I didn't do.

Speaker: You're

Judge: not pleading, you're not guilty.

Rick: But we would have to bill, we would have to provide facts that we were guilty and like I told my attorney. Where am I gonna pull this out of?

Javier New: Eventually, Rick and Tanya Fernandez cave and signed the agreement. The deal is, they go to counseling, stay out trouble for two years and everything goes away. But that didn't last very long. The ink was barely dry, when three days after they enter in the Felony Diversion agreement. A manila envelope lands in the hospital mailroom where Dr. Gressman works. Return address? “Rachel Cholla, P.O. Box…” Inside:

Speaker: a signed copy of Layers of Attack, Phoenix-PD reports, and a cease-and-desist letter with Dr. Gressman’s husband’s face splashed across it. That envelope sat untouched for months—buried under routine hospital mail—until June twenty-fifth. The very next day, a judge dismisses every felony against Rick and Tanya. Could you imagine if prosecutors would have discovered that envelope with the book Layers of Attack? Would the judge have wiped their criminal charges? Would Rick and Tanya be sitting in jail or prison right now?

Correctionjavier New: I need to make a few corrections. Back in my previous episode, I referred to the felony diversion program as a “plea bargain.” That was flat-out wrong. Arizona’s felony-diversion program is not a plea agreement, and here’s the thirty-second difference:

Speaker: **In the Diversion program, **the Fernandezes finish counseling, stay crime-free, and the charges disappear with prejudice. “With prejudice” is a legal phrase that means a case—or a specific charge—has been permanently dismissed. Once a judge dismisses a matter with prejudice: they cannot be charged again for that crime with the evidence from that investigation. Essentially, the investigation starts over. In practical terms, it’s as though the case never existed on the person’s record A plea deal, on the other hand, is straightforward. The defendant pleads guilty or no contest. In return, the prosecutor agrees to lighter terms—maybe a lesser charge or a shorter sentence. The judge signs off, but the conviction remains on the record. But what happens if Rick and Tanya violate the Felony Diversion agreement? Remember, as part of the diversion program, they're prosecution is paused for 2 years,. Which brings us to March 20th of 2025. The State of Arizona filed brand new charges against Rick Fernandez... Yes, just Rick Fernandez and not Tanya. There were 4 counts total. 2 charges of harassment and 2 for false reporting. We'll get into it after the break. BREAKCount #1Javier

New: Let’s pin down Count 1.

Speaker: The charging sheet says that “on or about June 24, 2024,” Rick Fernandez knowingly carried out harassment. But it was vauge and didn't include details about the incident. So I flipped through my timeline and that matches up perfectly with the date multiple hospital executives received the mysterious packewd with the book "Layers of Attack." count 2 & 3Javier

New: Count 2 — On August 15, 2024, Prosecutors say that Rick Fernandez filed a bogus complaint with law enforcement. The charge cites Arizona’s false-reporting statute, knowingly lying to police in a way that sidelines officers and wastes investigative time.

Speaker: Again, the charges complaint didn't provide details of the indcident. So I went back to my timeline. According to the incident log, Blake Fernandez, the oldest Fernandez son, insisted Dr. John Gressman—or someone using Gressman’s name—had racked up two-hundred dollars on his credit card. Detectives asked for receipts or bank screenshots; Blake provided none. Count 3 — On August 16, 2024, the same statute for another false false report meant to paint the doctor as a criminal. According to my timeline, this is the same day this time, Blake Fernandez reported Dr. Gressman had broken into his vehicle overnight. Same statute, same intent—another false report meant to paint the doctor as a criminal. Police pulled neighborhood door-bell video from across the street. It shows no one approaching Blake's car, no broken glass, no forced entry—nothing. Officers closed the case as “unfounded”. Two back-to-back police reports, no proof either day. Each is charged as a Class-1 misdemeanor, the highest level before hitting felony territory in municipal court. But both these charges for false reporting were eventually dropped. Maybe because Blake made the report, not his father Rick. Then came count 4. Count 4 dated is another harassment charge. on August 16, 2024, 12:00 a.m. Prosecutors say Rick Fernandez filed a middle-of-the-night complaint that falls under harassment by false report. In plain English, that means he allegedly phoned a claim he knew was bogus, aiming to weaponize the system against his target. Now here’s the wrinkle I found in the timeline. When I go back to my log, all I see if a spat involving the Fernandez and their neighbor, not the Gressmans. For months leading up to this event, the Fernandezes were at war with their nextdoor neighbor. In March of 2023, Rick and Tanya’s son Blake Fernandez is arraigned for disorderly conduct—blasting music and cursing at a neighbor. In April, the neighbors complain that the Fernandezes installed security cameras pointing at her house. The neighbor gets an injunction against harassment against the fernandezes. Then in August, the Fernandezes are accused of blowing yard debris and slinging dog poop over the fence and into to the neighbors yard. Blake Fernandez is arrested for violating his injunction against harassment. He too was offered a diversion agreement following the arrest. Bottom line: Across five months, the Fernandezes rack up a steady stream of neighbor complaints—noise, cameras, yard debris, and alleged injunction violations—and constant low-level harassment. Out of the 4 charges, only 2 stuck. The false reporting charges were dropped. Again, I don't know exactly what evidence prosecutors have. I'm just going off of the timeline of incidents I know of. And what's curious about this who thing is that only Rick Fernandez is facing these charges. Not Tanya. Not their son Blake. Just Rick. As far as I know, anyway. I've filed public request records with the court and this is all I have. The only way to learn more is to actually attend the municipal court hearing on June 20th, 2025. I enlisted the help of a local court runner. Tore. I hopped on a call with Tore the night before Rick's court hearing. Tore listened to my entire series so she was familiar with the case.

Tore Lynn: Yeah. I listened to your whole podcast.

Javier: that's great. So, so you're familiar with the story and I, have I ever shared the timeline with you

Speaker: I sent Tore all my research and armed her with everything she needed in preparation for the court hearing. They're cooking up something because the prosecutor and the detective have been like really wanting my audio files and I told 'em, I can't give it to you un unless you subpoena me. And they subpoenaed me and they really wanted, I mean, they got something. So,

Tore Lynn: dang.

Speaker: I tell Tori about the new charges and how I think they're connected to my timeline. I even share with her some information that happened after the Stalker series wrapped up. Right around the same time Rick sent the package with the book to Dr. Gressmen's hospital, something really strange happened.

Javier: get this Tori, it was sent to, I was talking to a documentary production company in. In the UK on turning this into a docuseries, guess who got the, A package in the mail? This documentary company got the package in the mail and it spooked them and, and it killed the deal. But they were shopping around.

Speaker: They were shopping around the story. sent them a box full filled with like court records and the book and all that.

Tore Lynn: Well, it. I feel like is one of the good motivators for the police and courts to get involved is like, you are hindering us and wasting our time. You guys keep doing this and it's costing us time, money, all of that. Um, which, ugh, it's hard for me to just believe that these grown adults are playing kids games like this because it feels like kids game.

Javier: immature. It's very immature. Yeah.

Speaker: I've thought about this story for years now, and I find it really hard to believe that this, that these grown ass people. Would lie about something like this. Like part of me still believes them because it's like, why would they make, why would they do all this? This makes no sense.

Tore Lynn: Yeah.

Javier: Yeah.

Speaker: I don't know what's gonna happen tomorrow, but either way. Um, so what time is the trial? It's on my timeline.

Tore Lynn: one 30 tomorrow.

Javier: One 30. Okay. I don't know, I, I don't know what the heck is gonna happen,

Speaker: Yeah, so that's why I was thinking that if you attend the hearing and, and depending how, how it goes, maybe we could hop on another call like this and we could kind of, you know, you gimme the play by play of what happened. When we come back, Tore will report back from the hearing. ad breakJavier: tell me exactly what happened when you first got there, and.

Tore Lynn: Yeah, so I got take a lunch break from 1230 to one 30, so

Speaker: I got there right around one. First one there went and sat in the hallway and it was kind of weird 'cause one of the court workers came out and asked if I was there for my own case and I said, no. Um, I said, I'm just here to observe. And they're like, what department? And I was like, I am, I'm not with New department. And he is like, I, I have to get permission for you to be in there. I was like, okay. And there was a big sign by the door that said like, um, unless you're a witness or like a pro, the prosecution defense or a witness, you're, you have to stay in the hallway. So for a second I was like, shit, am I not even gonna be able to go in there? And so

Javier: I

Tore Lynn: five or so minutes.

Javier: public courthouse.

Tore Lynn: Right, right.

Speaker: Anyways, so the, he says, I can go in, he opens the door and I, he's like, you know, turn off your phone, blah, blah, blah. Sit in the corner, be quiet. And I was like, gotcha. So I went and sat down and, you know, a couple people filed in. I still hadn't seen them. Um, and then I heard the court worker like, go in the hallway and say, Fernandez. And I was like, Ooh, like they're here. and they didn't come in. I heard him say to the court worker again, like, I'm waiting to speak to my attorney. And so again, we had like five more minutes. I'm like, I'm gonna go fill my water bottle and like see if I can see anything. And so I walk into the hallway where there's a water fountain, they're sitting on a bench. And it was a very odd, like, they both looked up and stared at me and watched me walk to the water fountain and they looked back at their phones. And so then like I look over and the uh, mom is like scrolling social media, which I'm like, I thought she wasn't allowed to be on social

Javier: Not, Not, during, uh, her, um, the time when she was facing those charges, the original charges. It was, yeah, but not

Speaker: like indefinitely. She could, yeah.

Tore Lynn: So like, I couldn't really fill my water bottle. It's a little fountain. Um, so I gave up and I go to walk back

Speaker: and I like see 'em both look up and watch me and follow me the whole time, which was really weird. And so I was like, okay, I'm not gonna like sit down out here and try and overhear their attorney like I'd originally wanted to. So I went back and sat in there. Um, more people filed in, they finally came in about, um, one 30. So right before the judge came out and they sat down two rows in front of me, few feet to the side. I. We all sat there for another 20, 30 minutes before one of the judges came out. So I'm like sitting there just creeping, trying to watch their body language. And he was in a white button up. He had a goatee, wasn't really clean shaven. She was in like a purple blouse. Her hair was, you know, a little frizzy. They, they didn't look unkept, but they didn't look put together. So it was kind of. Just observing them and he had his arm kind of on the bench behind his wife just drumming his fingers and like nodding his head like he was listening to music. He didn't seem nervous, he didn't seem anxious. He is just like the way my dad used to sit at church, you know, strumming the pew. It was very weird.

Javier: He is turning into Heisenberg.

Tore Lynn: Oh yeah.

Javier: so was it, uh, was it a packed room or?

Tore Lynn: It, it was, it was a very small room. There was only six pews or benches to sit in, and there was probably

Speaker: eight different cases with one to four people per party. So the, it did fill up. Um, but then a male judge came out. He handled a shoplifting charge. He was informed by a court worker that there was a plea agreement coming and he, so he called a recess and left and was gone for another 20 minutes. And during that time, the court workers came out and pulled about half the people to a side room and said that they had paperwork to do in the side room. And a couple people came back from that. Um, they ended up pulling the ferna. Amanda's in there as well. And so I was kind of sitting there, you know, you can kind of hear in the side room, not really, I didn't hear them talking again, so I was like, okay, maybe they're gonna come back in here, like these two other people who had gone in the side room first and they never did. So the judge gets through the DUIs, he gets through, um, another charge and they call it for the day. Once the judge ended it, I ended up, I went into the hallway and I walked the entire floor and like I could see into that side room and it was just two of them, two males in there that from the DUIs and no one else. And like every door was open, there's a bunch of seating. I walked all around and didn't see 'em and so I was like, they, they just left. I don't know if they signed a plea. I don't know if they asked for a

Javier: It is a

Tore Lynn: I have,

Javier: It's a mis, it's a misdemeanor. So it's like, what are

Speaker: they playing down to something. Smaller than that. I mean, what, or maybe they just pled guilty.

Tore Lynn: Yeah. Well, what I, that's my

Speaker: guess, because everyone who went up there and saw the judge did take a plea. They were just like, every single person was offered one and took one with them. Like he got up at one point and did go speak in the. Uh, hallway with his public, I'm assuming public defender because the gentleman spoke to multiple people in there, um, and like represented him. So they spoke for a little bit, which I couldn't hear. And he came back in and was like whispering to his wife, which was hard to hear 'cause everyone around me was kind of talking and the judge was going and there's an interpreter going. Um, but I heard like. Uh, I said no. If anything, uh, it was a very vague charge. Worry some he said something and then constitutional, and I was like, okay. So it sounds like he thinks that something in the charges weren't constitutional and that he doesn't have to worry. He's going to, everything's gonna get dropped or reduced, and that's the

Javier: he might be referring to, 'cause the harassment charges are based off of the book and I'm guessing he thinks that the book is free speech. You know, I don't know. I mean, I guess it

Tore Lynn: that would make sense.

Javier: but he's also continuing to harass this couple. So that's interesting. I mean, uh, yeah, they'll fight it to the end.

Speaker: So it, it would surprise me if they pled guilty. But anyway, I don't know. We'll see.

Tore Lynn: We'll see, It's

Speaker: yeah, I was really like most shocked, I would say, watching their body language and they seemed completely unfazed, almost like confident that nothing was gonna happen for them, or no consequences. Like they were entitled to do what they had done. So that was that... Ricki Lupe Fernandez to step up for his pre-trial conference. Judge called his case, but Rick never re-appeared. One minute he’s in the gallery, the next he’s gone—pulled aside by prosecutors and vanished behind a side door. pretty uneventful and Inconclusive. This happened on friday afternoon. I've refreshed the court webpages but as of this recording, nothing new has updated. So what could have happened? There are several, choose your own adventure tracks. All speculations of course. Option one... The prosecutors might have offered Ricki a plea agreement for the new misdemeanor harassment and false reporting charges. This is a common way to resolve cases without a full trial, where the defendant agrees to plead guilty or no contest to certain charges, often in exchange for a reduced sentence or other terms. If a plea agreement was reached, the case for the new charges would be resolved, and Ricki would not need to appear before the judge for a contested hearing at that time. Option two: incurring new criminal charges (like harassment and false reporting) is considered a serious violation of a felony diversion program and typically leads to its immediate termination. If prosecutors determine that Ricki violated the terms of his 2023 felony-diversion deal (e.g., by incurring new harassment and false reporting charges, which are considered new criminal activity and a serious violation), the original felony charges would be reinstated. The prosecution would formally initiate this by filing a written notice with the court, requesting that the order suspending prosecution be vacated and that the prosecution resume. when a felony diversion program is terminated, the case typically resumes prosecution in Superior Court. Ricki's new harassment and false reporting charges are listed in the Phoenix Municipal Court system , which is a city court. If the original felony charges were reinstated, they would move to the Superior Court, meaning the city judge would indeed no longer see him for that felony case. Once the court orders prosecution to resume, the defendant must be tried no later than 90 days after that order is filed. This indicates an expedited process once the diversion has failed. I t is highly probable that Ricki was pulled aside by prosecutors to be informed of the termination of his felony diversion program and the reinstatement of his original felony charges. If that's the case, any guilty admission they made during their felony diversion agreement becomes evidence that can be used against them in trial. Option three: On-the-Spot Arrest Prosecutors can serve a fresh felony complaint right in the hallway. Sheriff’s deputies cuff Rick Fernande, walk him to the jail wing, and book him. No return to the courtroom, no good-byes—just steel doors and fingerprints. But this most likely didn't happen. I've checked the sheriff's inmate records and no one by the name of Ricki Fernandez is currently behind bars. Again, I'm not an attorney and I sure as heck am not an expert in Arizona law. I've actually reached out to several defense attorneys and former prosecutors to help me shed light into all of this and I'm waiting to hear back. I highly doubt that prosecutors are just going to let these new criminal charges go, considering the court suspended prosecution for 2 years while they complete the diversion program. Anyway, obviously there's going to be more to report. But that's as far as I can take this episode without having more information. I've asked the prosecutor to shed more light into this but he said that he's lkimited under ethical rules that prohibit prosecutors from disclosing case information. As soon as I learn more, my patreon and PRETEND+ subscribers on Apple podcast will be the first to know. Once I have a substantial update, I will release an episode on the public podcast feed. Thank you for following this case along with me. It never seizes to amaze me. Can you believe that the fake instagram accounts were created 8 years ago. This thing has been going on for almost 10 years. Incredible. That poor doctor and her husband. That's all I got for you today. Stay tuned because I've been workign on the my next case for several years now. And I think it's time for it to finally come out.