Wednesday, December 29, 2010
Kamala Harris & Mike Ramos-hmmm
Tuesday, December 28, 2010
District Attorney alleges accountant coerced by Executive Office officials:The Valley News
District Attorney alleges accountant coerced by Executive Office officials :: The Valley News
By the way: I offered to help Ramos in San Bernardino County put caps on funds that can be raised for offices like the DA's office in writing in several newspapers and this blog--so far no calls or interest expressed. Sounds like more campaign fodder! Too bad, we really need to take money out of the DA's & Assessor-Treasurer office races.
Thursday, December 23, 2010
Mortgage Servicers Predatory Conduct - Is Mike Ramos Asleep at the switch??
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Around the nation (and our county) the stories are, and point to a pattern of behavior by servicers that is out-and-out illegal.
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Sheila Blair, the head of the FDIC, and other federal regulators are pushing to get mortgage servicing standards written into risk retention guidelines set to be released in the near future.
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One of the most frustrating parts of the financial reform game is how powerless most of us really are, most of the time, especially when the prosecutorial agencies are ignoring the millions of dollar in injury to pursue small time political figure abuses.
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What is sad, is that County prosecutors like Mike Ramos in San Bernardino County have NOT protected consumers under existing California law [e.g.California Business & Profession Code § 17200 et seq]. That entire section of the California Business & Profession Code prohibits false, deceptive and unfair trade practices and gives the prosecutor the power to seek an injunction to stop the abuses. While there are "special units" at the San Bernardino County DA's office and at the Attorney General's office, this issue is not even being touched (instead they are focusing on alleged fraud in the lending process)--the result, consumers are paying fines and penalties they don't owe, some are being dragged into foreclosure processes and in some instances not just losing their homes, but having their credit ruined for years to come, costing them more money to buy household appliances, cars and needed consumer purchases.
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Support Blair's effort to tell the government it's time to rein in mortgage servicers is a given, but call and demand your AG (attorney general) and the DA's office (Mike Ramos) start investigating the mortgage services for unfair, deceptive and or fraudulent conduct (like charging penalties not authorized in the contract signed by the consumer, being harassed by collector calls for mortgage payments not yet owed or for fees/penalties incorrectly calculated, refusing to meet and in good faith do work outs the consumers are entitled to be considered for under other state laws, being forced out of their homes by companies not authorized to do business in California--to name a few).
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P.S. For more info a good article to look at: huffingtonpost.com/2010/12/21/mortgage-crisis_n_799593.html
Wednesday, December 8, 2010
HMO Trying to Balance Bill You for an Emergency Room Visit--its illegal!!
One of the crimes being committed on consumers who are lucky enough to have insurance coverage is the "balance billing" game (where you have a medical bill from an ER room visit, your HMO pays a portion of the bill which the hospital does not like and the hospital balance bills you for the gap between what your HMO paid and the hospital's original billing).
General rule: The hospital cannot balance bill emergency room charges unless the contract with the health plan specifically allows it.See Parnell v Adventist Health (2005)35 Cal.4th 595 & Prospect Medical Group, Inc. v Northridge Emergency Group(2009)45 Cal.4th 497 [opinion at http://www.lifehealthdisabilityinsurancelaw.com/uploads/file/S142209%20Prospect%20v%20Northridge%281%29.pdf] See also http://www.abanet.org/health/esource/Volume5/06/Lai.html
From an old letter (which is only a basic model; you should consult with counsel to get the language and issues all included/addressed that should be and then send the letter via certified mail return receipt requested):
Since my last letter, as I am sure you know, the California Department of Managed Health has implemented regulations that expressly prohibit the type of balance billing you are attempting in the above referenced matter. I have attached a copy of the regulation, and the press release from DMHC director, Cindy Ehens, announcing this new rule.
As you are no doubt aware, the California Supreme Court recently issued its decision in Prospect Medical Group, Inc. v Northridge Emergency Group(2009)45 Cal.4th 497. In Prospect the court clearly held that hospitals may not balance bill bill a patient when the patient's HMO pays less than the hospital is willing to accept for emergency treatment rendered to patients of an HMO, with which the hospital did not have a contract.
FYI: The documents to attach to this letter are available from the California Department of Managed Health.
Sunday, December 5, 2010
Friday, December 3, 2010
District Attorney Mike Ramos Announces Endorsements--use it as a check off list for the ongoing investigations
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District Attorney Mike Ramos Announces Endorsements
RAMOS' $2,500 FINE AGREED TO BY THE FPPC IGNORES THE BIGGER STORY OF PERSONAL USE OF CAMPAIGN FUNDS?
(1) Embassy Suites
(2) US Airways
(3) JW Marriott Hotel
(4) Oak Quarry Golf Club (green fees??)
(5) Institute for Advancement of Criminal Justice (continuing education??)
(6) Regency Hotel
(7) Tartan Restaurant of Redlands
(8) Double Tree Hotel
(9) Farm Artisan Foods
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First, wasn't Ramos unopposed at this financial reporting period (from 7/1/2009 through 12/31/09) so why is he taking trips, going to golf courses and multiple hotels on campaign funds?
Second, what does a seminar for his "education" on criminal justice have to do with running for office?
Third, were these hotel expenses for night stays or for conference rooms for fund raising ?(were they single occupancy?);
Fourth, US Airways to where? for what?
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As is always the case with Ramos--more questions than answers and the media absolutely avoiding the obvious questions that they should be demanding answers to!
Wednesday, November 10, 2010
False Confessions -- another piece of interest
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http://www.pbs.org/wgbh/pages/frontline/the-confessions/?utm_campaign=homepage&utm_medium=proglist&utm_source=proglist
Monday, November 1, 2010
http://www.pe.com/columns/cassiemacduff/stories/PE_News_Local_D_cass30.30c0567.html
Blogger Bob's comments:
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While Rex G. may have done some things I would never tolerate as a former institutional manager (such as expensing travel and meals that should have not been submitted), I can't help but think there may have been a governmental immunity defense that could have been argued on other counts but was not (that should have been argued?):
.. (1) Rex G. was hired to fill a job the County Board of Supervisors' approved (which is a governmental act that is constitutionally permissible-- a discretionary function), which had few specific requirement's, which per his review(s) and lack of disciplinary actions, he performed adequately--did the county's immunity cloak Rex G given the nature of his job?;
.. (2) The DA at trial was allowed to argue the duties, accountabilities and time keeping duties were somehow greater than what the job description and reviews required--how? The standard of Gutierrez's job performance had to be measured on what the job was and not what the prosecution created it to be (so to build its felony prosecution strategy); did the defense bring a motion in limine to prevent the prosecution from arguing the job involved anything more than what was in the reviews and job description?
.. (3)Rex G. was convicted for doing the very job the county created so someone could do--it happened to be Rex G that was hired; that the prosecution was allowed to redefine the job to create a standard is what appears to have happened--is this any less a part of the culture of corruption in this county? The ends do not justify the means or now does it in San Bernardino County?
Monday, October 25, 2010
In this election cycle, I pass on one of my favorite quotes
"It is not the critic who counts; not the man who points out how the strong man stumbles, or where the doer of deeds could have done them better. The credit belongs to the man who is actually in the arena, whose face is marred by dust and sweat and blood; who strives valiantly; who errs, and comes short again and again; because there is not effort without error and shortcoming; but who does actually strive to do the deeds; who knows the great enthusiasms, the great devotions; who spends himself in a worthy cause, who at the best knows in the end the triumphs of high achievements and who at the worst, if he fails, at least fails while daring greatly, so that his place shall never be with those cold and timid souls who know neither victory nor defeat".
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Teddy Roosevelt
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California Bar reviewing 130 prosecutors for possible disciplinary action - San Jose Mercury News
Blogger Bob's comments: Interesting article. No mention of San Bernardino prosecutors in the article.
Monday, October 18, 2010
My Comment to the "Rex Gutierrez trial to resume" article posted on the Sun's "TOPIX Reader Comment" was removed!
What the Rex Gutierrez Corruption Re-Trial Shows...[Updated Post Trial--after "Wow!"].
Defense witnesses due today in Gutierrez trial - Topix
Jury finds Rex Gutierrez guilty on all counts - Topix
http://www.topix.net/forum/source/san-bernardino-county-sun/TB8VOKRV1A41G6QGU/p3#lastPost
Blogger Bob's Comments:
(1) Being expected to "work" 80 hours per pay period (which apparently Gutierrez was meeting or exceeding standards in at least 9 categories in the first 6 months of his employment)is not the same as having to "account" (could 60 hours have been ok in one week and 20 hours in the next? accounting to whom? & how?) for the time; besides, as the movie the "FIRM" showed us, billable time to some can be done if you think about a client's case in a shower or on the golf course (no suggestion is being made that either were done folks--just an example); that "tweak" on reality (no pun intended or person intended) seems to almost have taken life in San Bernardino if what the prosecution is arguing is true; the fact Gutierrez received a positive review, worked in his car, at home and was never docked pay-wise for that manner of time use, will make the prosecution's cross examination of Gutierrez crucial (assuming they have any impeachment evidence); update post-conviction--Wow! Moral of the story is don't have political connections before being hired to a new position at the County and make sure, you document every minute of time you spend because you may face a prosecution team that reconstructs your job to fit the testimony of a former co-worker-&-convicted-felon who has an axe to grind and or incentive to finger you!
(2) One thing that I am not clear on is how specific was the job description for the job Rex Gutierrez was hired for or was it a general job descriptions for the class of work in place already? If the job description was general, wouldn't that pretty much leave up to Gutierrez and his boss Postmus to determine WHAT was considered 80 hours of work in a 15 day period, how, where & where it could be done? (and then "reported" to?).Wow! Sounds like the jury allowed the prosecution to fill in the blanks on the job description/function or Gutierrez's testimony/account was utterly incredible!
Update comment (10/20/2010) If what the Press Enterprise reports on October 20, 2010 is correct ["the only task in the job description was meeting with the city managers of the county's 24 cities"], then in a 22 month job, even with pre-travel research, preparation and staff consultation, that left a lot of time to do oral reports/briefings/?, which of course begs the question of whether there was anyone in the office to meet with/brief given the allegations that everyone was out doing their political things for Postmus or immersed in their own jobs (there were a few people still there after Williamson got the boot)--but with that said, I have never been too impressed with some County employee's ability to get things done efficiently--that Rex had the gift of gab may be an understatement. The allegation he worked in his car reminds me of the "work" in a car allegedly done by another county employee with a subordinate. Wow! Since Ramos has no job description posted on the County website, I can't wait to see how he fits in his "Ristow" time & expense!
(3) Doesn't this really get back to the failure of the BOS to (and Mike Ramos to send a memo inquiring why new people were being hired that the incumbent assessor said were not needed) require Postmus to give a (a) justification for the job, (b) a statement of purpose for the proposed job,(c) what the "work" would be that was expected, (d) "where" (if on-site/ off-site), (e) was it to be supervised and if so by whom and with what criteria and (f) THEN, having the BOS vote on it as a reasoned and intelligent body of elected legislators? (maybe that is where the breakdown happens--not having people with the integrity & backbone to question and where appropriate say no). The likely reason none of that was done? (i) Mitzelfelt was covering for his oft time under-the-influence and/or hospitalized boss (for his alleged meth addiction) and was jockeying to be appointed by the Board as Postmus' replacement (once Postmus was elected to the assessor's office) and (ii) everyone else was afraid to cross Postmus on the BOS due to his fundraising prowess the power of his political machine and endorsement. Wow! With such a loose job being approved, when do we prosecute the County Board for rank stupidity for going along with Postmess?
Update comment (10/20/2010) When the Board of Supervisors approves a vague job which on its face can't justify a 80 hour per pay period compensation (based on the job description), isn't performance of that job consistent with that minimal accountability, while wasteful, a waste presumptively approved? Wow! Is the County going to pass a rule about not approving vague job descriptions where the workload does not conceivably justify the position?
(4) Is Gutierrez being prosecuted because Postmus orchestrated a high paying job, with few if any stated requirements for its performance that significantly benefited a developer? With that as a criterion for prosecution, there are a lot of people at risk of being indicted;
Wow! Who is next Mikey?
(5) All the above as an aside, we still do not have any county rules in place to prevent this from happening again--do we?? Nah
(6) If the trial degenerates into a fight over personnel management interpretation of the workplace rules and arguing the positive job review Gutierrz got should be ignored (because Ramos let the statute run on the major felony counts), the prosecution team is in trouble, unless they have specific instances they can point to of personal time use on the clock and that the job did not allow for "making up of" by working at home or in a car while slurping a frapachino or emailing on one's county phone etc. What it sounds like is the prosecution is nitpicking over County Human Resources/Personnel rules and or policies and how a field employee gets the day's work done in a new job never before in existence (and therefore is a job with perhaps few if any guidelines on how it should be done) which leaves one with the impression that the prosecution is fighting civil/administrative law issues in a criminal action? Wow! Ramos found a way to criminalize slackards with political connections.
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(7) The question that needs to be answered is what is Gutierrez's criminal conduct? (as opposed to simply being a friend of a politically powerful contributor of the boss hired to do a full time job but allegedly trying to scoot by on a less than 100% effort--something people hired for jobs in all industries do from time to time but are not criminally charged for)?
Wow! The precedent is mixed---a vendor for the assessor's office does not get prosecuted in exchange for "cooperation" and "restitution" so lets see what Gutierrez's deal is!
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(8) Something I thought of that really bothers me--is this another Ramos prosecution of a actual or potential political opponent? Gutierrez ran for Congress and did fairly well as I recall--as someone that fought a tough (close) campaign for Congress and someone with name recognition that can raise money (and with Ramos desperately looking to run for Congress himself in two to four years), is this prosecution of Gutirrez being used to take out a potential contender for a Republican nomination for a Congressional seat carved out in the upcoming reapportionment? Let's hope not. Wow! One down for 2012!
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Thursday, October 14, 2010
The AG's Office is involved in a $1,100 case involving a San Bernardino Employee??
"Ex-victim advocate Wagner denies embezzlement charges
Mike Cruz, Staff Writer
Posted: 10/08/2010 05:46:51 PM PDT"
The Sun's story:
"SAN BERNARDINO - A former victim advocate in the San Bernardino County District Attorney's Office has denied charges that she embezzled more than $1,100 worth of public funds.
Vickie Marie Wagner pleaded not guilty to seven felony counts before Judge Donna Gunnell Garza at an arraignment Thursday in San Bernardino Superior Court, according to court records.
State prosecutors charged Wagner on Sept. 7 with two counts of misappropriation of public funds, two counts of presenting a false or forged instrument, and one count each of keeping a false account, offering false evidence and falsifying evidence.
A supervisor in crime victims' services, Wagner returns to court Oct. 18. A preliminary hearing to determine the sufficiency of the evidence against her was scheduled for Oct. 20.
Wagner, of Apple Valley, is not custody and was released on her own recognizance, court records state. She was an 18-year county employee when she separated from the county July 21.
County prosecutors initially handled the investigation after a supervisor in the District Attorney's Office noted suspicious activity between May 1 and May 31, state officials said.
The missing money came from the state Victim's Compensation Fund, the California Attorney General's Office confirmed. Of the $1,100 alleged in the case, Wagner allegedly kept $900 and $200 went to the friend of her daughter.
'She wrote a county check to cash and took the check to the bank and cashed it,' Christine Gasparac, a spokeswoman for the Attorney General's Office, said earlier."
Blogger Bob's comments:
(1) What in the world is the AG's office doing picking up an $1,100 embezzlement case against a support staff member? Is the AG's office in beginning of the process of a take-over on case prosecutions involving internal (alleged) discrepancies? That may be the bigger story. Surely any conflict of interest could have been dealt with by assigning the file to some DDA and for this file designating a supervisor that reports to no one else in the DA's office except maybe HR and Ramos.
(2) Seven felony counts? Really sounds like more of the overkill we have regrettably seen too much of.
Monday, October 11, 2010
WHAT's RAMOS DOING ABOUT MORTGAGE FRAUD-- [updated 1/7/2011]
Some sites (updated 10-19-2010) of some possible interest to consumers that may feel they have been the victim of mortgage fraud and want to try and understand some of the issues and potentially tap into other internet resources is:
1)http://rortybomb.wordpress.com/2010/10/08/foreclosure-fraud-for-dummies-1-the-chains-and-the-stakes/ [good basic info]
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2)http://www.youtube.com/watch?v=ssl5yb7FewA [a fascinating explanation of how the banks scored big time on the bailout and left the rude facts out to homeowners on how they might have fared differently]
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3)Operation Hope - www.operationhope.org (877) 592-HOPE (4673)
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4)Neighborhood Works - www.nw.org (888) 995-HOPE (4673)
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5) National Community Reinvestment Coaltion - www.fairlending.com (800) 475-6272
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6)National Council of La Raza - www.nclr.org - (213) 489-3428
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7)ACORN - Home Equity Loss Prevention Program - www.acornhousing.org - (888) 409-3557
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8) National Foundation for Credit Counseling - www.nfcc.org (800) 388-2227
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9) HUD-approved counseling agency info line (800) 569-4287
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10)US Department of Housing & Urban Development website - www.hud.gov
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11)11)adc.asm.ca.gov/issues/MortgageCrises/
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Blogger Bob's comment(s): This will be updated occasionally as additional information comes to my attention of a non-privileged nature due to the San Bernardino County DA's office having dropped the ball on this important issue. Items 3-11 were added 10-19-2010.
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12)[No. 12 added on 1/7/2011] New website to check out: Foreclosure InfoCA.org (launched by the Public Interest Clearinghouse and the California Bar Association)--note: This provides links to a list of programs and has information.
Friday, October 8, 2010
Stringer Resigns........who else........will the State Have to Take Over Essential Functions of County Government??
The Homeless,People Charged but not Convicted,Probationers,Former Parolees Can Register & Vote!!
(1) People in a local jail as the result of a misdemeanor conviction can register and vote;
(2) People that have completed parole for a felony conviction can register and vote;
(3) People on probation can register and vote;
(4) People charged but not yet convicted can register and vote
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The Homeless (people without an address due to foreclosures and or evictions) can register and vote; on the voter registration card there is a field under No. 6 which says "If you do not have a street address, describe where you live (Cross streets, Route,N,S,E,W)". The "mailing address" may be tricky, but general delivery at the local post office might work, if a reliable friend's or family member's address do not (or place of work).
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NOVEMBER 18th IS THE LAST DAY TO GET YOUR REGISTRATION IN-- You have until 15 days before the election to get your voter registration card in--the last day is October 18. You can get a registration card at the post office, the DMV, most state officers, public libraries and obviously the Voter Registrars' office--call Blogger Bob if you need a registration card at 760-256-0603. I will try to find someone who will get you one!!
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REMEMBER: Provisional ballot--request one if you believe you are registered correctly but not on your local precinct list or you did not receive your ballot.
Thursday, October 7, 2010
Wednesday, October 6, 2010
DA's are out executing more search warrants today and other unrelated fun stuff???
(2) Heh, today I had the unique pleasure of having to go to the courthouse 4 times due to a clerk's directives about what she needed in a particular file--turns out I was right--one trip was all I needed; intentional, nah, just a bizzare waste of time;
(3) Heard a story today, which if true, that may hopefully challenge RAMO's anti-corruption unit into doing the right thing when it gets through the channels/gauntlet; the potential witness/witnesses (not a defendant, witness of interest identified or target)will likely need some protection.
Monday, October 4, 2010
CHC Chairman Joe Baca (D-CA), one of Mike Ramos' big buds is named one of the 10 Worst Members of Congress by Esquire Magazine! Way to go Working Joe!
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Blogger Bob's comments: Only in San Bernardino County would an embattled incumbent DA(Mike Ramos) have sought the support of working Joe Baca - doesn't our local media do a heck of job hiding people from the voting public?
Friday, October 1, 2010
Ramos Probe of the Republican Central Committee, Rex Guttierrez Retrial,Reforms
(1) I hope Ramos got the FPPC (state) and FEC (federal) contribution and disbursement records for the San Bernardino County Republican Central Committee to show what they claim to have gotten and disbursed.
(2)I hope Ramos subpoenaed the bank accounts for the San Bernardino County Republican Central Committee (all state and federal accounts) and his public integrity unit gets copies of incoming checks and outgoing checks. Take a look at how the committee expenses itself coming up to a federal election cycle
(3) There is a ratio of how much is supposed to come out of the state account and how much is supposed to come out of the federal account
(4) Look to see if they ever set up a "Levin" federal account for local activities. (5) Mikey--do you recall the FEC fined the Republican Central Committee twice--the FEC has records, reports and recommendations which may be revealing;
(6) Rumor has it the the FPPC has a file as well, but never took action after they had to close cases due to budget constraints.
(7) Heh Mike, if this money was ill gotten, don't forget the FTB violations.
(8) Is the Central Committee really running interference with your data collection efforts and you are letting those potentially ill-gotten funds fund another election cycle?
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I really hope this drama is not just window dressing for what has been otherwise dilatory investigation and prosecution(just ask the laughing Irwin camp).
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On Guttierrez's retrial:
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How many pages of jury instructions are there going to be in the People v Rex Guttierrez case now? A ream of jury instructions? A sure way to turn the jury off. A federal judge one time told an attorney in a case I was defending, if you need more than a couple two or three good counts in a case, you don't have a case worth the paper it is written on.
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I have a story about Rex--I recall meeting him once or twice in passing, but this story is a bit more of what legends are made of. When Rex was running for Congress, he personally wore out a half dozen pair or shoes walking streets, knocking on doors and meeting people. Rex worked hard for something, believed in meeting the people he wanted to serve and the process. Unless a lot changed, that is a populist spirit that I find it hard to would get so corrupted...but with that said, I remember breaking bread with Bill Postmus and his family at Bible studies & a home church and now I look at his reported life today and part of me weeps when thinking about it.
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God knows I would have handled this county corruption mess different
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...and maybe it can still be steered to a resolution that accomplishes the objective of the law and restores public trust in the process; my thought would have been a much more public
approach in some aspects of it:
(1) Extend the Board of Supervisor's meetings by one hour and require the DA to sit a non-voting representative of the DA on the Board
(2) Set a time specific citizens can attend, present evidence, make presentations
(3) Waive the 2 or 3 minute rule
(4) Require each public official, county employee and or vendor to agree in writing to explain publicly any money or gifts received/given apart from salaries and or contracted for services to any political candidate, committee and or 501C3 type organization at the request of any candidate, employee and or vendor
...its an idea
...its a start
...by the way Mikey, what about my offer of help on your proposed steps to
improve public trust...is that more rhetoric???
Thursday, September 30, 2010
JOE BACA's Co-Sponsoring (New?) HAMP BILL SHOWS HE DOES NOT HAVE A CLUE YET
The Press Release further states:
"Bill Would Create New Office to Resolve Problems with Loan Modification Programs
Washington, DC – Today, Congressman Joe Baca (D-Rialto) introduced legislation to assist struggling homeowners seeking loan modifications through the often complex Home Affordable Modification Program (HAMP). The Office of the Homeowner Advocate Act of 2010 creates an independent office to assist homeowners, housing counselors, and attorneys in resolving problems with HAMP, and give homeowners a greater level of control over the loan modification application process.
While the housing markets in the Inland Empire are showing signs of recovery, too many homeowners still find themselves needing assistance in order to keep their homes and while the government run loan modification program is well-intentioned, I have heard from numerous constituents whose applications either get lost in a flood of paperwork or do not receive the proper attention from officials before it is too late to prevent the foreclosure process. This responsible bill would create an outside office, the Office of the Homeowner Advocate, to improve the HAMP process and ensure all eligible homeowners get a fair shot at keeping their homes.”
Blogger Bob's comments:
Joe, too bad you are clueless as usual.
First, the HAMP program is one in which a homeowners "enters" into a temporary “workout” with a servicer or lender which agrees to accept partial payments for the next 3+ months. These payments are not refundable. The foreclosure “clock” also continues to run while a homeowner is in the “workout.” There are no assurances that the homeowner will receive a long term or permanent change in loan terms. There are a significant number of homeowners who entered into HAMP workouts only to receive a letter at the end of the workout period stating they do not qualify for a modification.
Second, in a legal decision written in 2009 by US District Court Judge Barry Moskowitz [Antonio Escobedo v Countrywide Homes Loan, Inc, Case 09CV1557 BTM (BLM)--available at the United States District Court for California, Southern District's website] the court ruled that the homeowner had no enforceable right under HAMP should the lender or servicer blow off the refinance, take the payments made under false pretenses and foreclose anyway. Creating the Office of the Homeowner Advocate (OHA) [proposed by Senator Al Franken (D-MN) which appeared in S. 3793, the Job Creation and Tax Cuts Act introduced by Sen. Max Baucus (D-MT)], does not change the fact this is a plan with no teeth. The banks can do what they want, can fraud the homeowner, act in bad faith and get away with it, Joe.
Joe, I know you are trying to generate positive media before an election like your bud Mike Ramos, but you are only showing you are still flailing at non-solutions.
Tuesday, September 28, 2010
What is Congressman Joe Baca Sr up to?
Woman says DA harassed her as she sought pardon---Everyone else takes sexual harassment seriously except San Bernardino County?
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Blogger Bob's comments: Why does it seem that some in San Bernardino County want to create a safe haven for sexual harassers? Not only have I seen what appears to be a pattern of defending the harasser in our local papers and in the County Administrative process which reviews complaints, but I have seen almost a ridgeback approach in the courts as of late toward sexually predatory conduct in civil cases--could it be the permissive environment that is allowed at the top? Hope not.
Integrity of your prosecutorial team DOES COUNT -- look at NC Crime Lab Accused of Hiding, Doctoring Evidence
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Blogger Bob's comments:
The integrity of the people we chose to prosecute other citizens does count!
Thursday, September 23, 2010
(1) What was Mitzelfelt doing a no-no at 7:22 pm? (2) Will Ramos be alone? (3) AG Candidate Harris in SB
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Some sources are unproven but have some indicia of the likelihood of being reliable--one source suggested that one of the ongoing investigations is looking at some aspect of the management tier under Mike Ramos and that when its all said and done, Mike Ramos will be walking away with some others close to him--and potential replacements are supposedly being evaluated/considered as I write this.
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One of the AG candidates (Kamala Harris) is coming down here for a town hall meeting on Saturday at 4 pm at the Inghram Community Center (2050 N. Mount Vernon Avenue, San Bernardino CA 92411)--apparently Steve Cooley, her republican opponent was invited, but no word on whether he will show. Few state wide candidates have come down here as of late. That Harris would show is interesting.
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Bell was this week--will San Bernardino County be next?
Wednesday, September 15, 2010
The Dismissal of Irwin's charges due to Mike Ramos' Ineptness or his Plan??
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Blogger Bob's comments: Is Irwin's case really coming down to undisclosed gifts or services on a FPPC 700 form and related comments? If so, don't we have some serious problems with Mike Ramos who did not disclose a five figure payment to his wife? and then signed a disclosure form under penalty of perjury not disclosing that payment? Didn't Brad Mitzelfelt's mis-report the source of some of his campaign contributions and sign an FPPC 460 form under penalty of perjury when he ran for election (after being appointed by the BOS)? Is Irwin being hammered because he lobbied for a deal a lot of other people seemed in love with? How is that different from certain employees of the BOS sheparding plans through the approval process and planning commission for a developer bud--in fact don't some of those staffers have real estate licenses? Do we have the smell of selective prosecution in the air yet?
Atty. Gen. Jerry Brown sues eight top Bell officials--and why not San Bernardino County's officials??Next in line??
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The lawsuit can be found at the following link: http://ag.ca.gov/cms_attachments/press/pdfs/n1988_document_3.pdf
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Attorney General Jerry Brown's press release is at: http://ag.ca.gov/newsalerts/release.php?id=1988&
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Blogger Bob's comments: I guess this was the rumored mid-September action? or maybe more troubling is some's suggestion that the AG is distancing himself from Ramos? Has San Bernardino become more political heat than Brown can afford right now??
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Ramos--how in the world did you miss this one ??
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My first question is: Why didn't the County also collect interest on the money Richman was given and the County's costs to civilly prosecute him?
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My second question: Wasn't Richman's activities as alleged, a criminal enterprise (political activity on county time) that used "wires" (cell phones) for an illegal purpose, a form of racketeering under federal RICO laws? Why didn't the $325.00 per hour hot shots hired by the County Counsel and paid for by the Board of Supervisors prosecute this under the civil anti-racketeering statutes where treble damages could be collected if it is a criminal enterprise (more pointedly, why was this not a crime as well)? Why do I sense that this witness' cooperation component to this "settlement" is going to be as useless as the guy that is being laughed that could not get the DA past a mistrial in the Guttierrez case?
...
My third question: How is this theft of County money for political purposes any different than Guttierrez's alleged time card violations or Irwin's alleged actions?
..
Blogger Bob's comments: That the County DA is not prosecuting all (what appear to be) criminal takings of public funds for political purposes in this county is not only amazing, but suggests an overall scheme to:
(1) selectively prosecute or litigate (which means protect people Ramos and or the Board of Supervisors like and or are fearful of, by exacting civil settlements),
(2) decriminalize criminal abuse of taxpayer resources for political purposes by letting the chosen ones (the people the Republican political machine still needs or can't dump) buy their way out of trouble AND by doing so, set the precedent when one or more of the current Board of Supervisors gets nailed (for a political use of county resources and or time), for them to seek the same break, all the while carrying out some window dressing actions (the trial and retrial of Guttierrez). Are the current BOS folks feathering their nests for the eventual fall?
(3) By the way, the County Grand jury's comments about expanding staffs are right on--why would that be done folks in a bad economic environment? Its an election season and they need all the friendly faces out there projecting a positive image they can muster! That the County spent the time to respond is not surprising--its evidence of a guilty state of mind!
...
What monkeys are running this banana cart?
Wednesday, September 1, 2010
Mike Ramos Issues Statement re Proposals--ok let's work on it!!!
[find at http://www.sbcounty.gov/da/]
"For nearly seven years the San Bernardino County District Attorney’s Office, through its Public Integrity Unit, has been a constant observer of city, county, school and district governmental operations through the review, evaluation and investigation of over 500 complaints. For the last three years, the Unit has conducted an intense investigation of the functioning of the San Bernardino County government. That experience has resulted in the several observations and recommendations for reform. San Bernardino County government is woefully imbalanced. The Board members have become “Super” Supervisors who exercise both broad executive powers, in addition to their critical legislative role. Both directly, and through their staffs, the Board regularly directs County employees to perform, or not perform, certain tasks and functions; to avoid or target enforcement efforts; and to hire, fire or promote certain staff. Additionally, they often intervene in personnel and other critical Human Resource functions. County employees feel they have no choice but to comply with Board direction, even when they strongly disagree. The County Administrative Officer (CAO) is the chief executive for the County’s 19,000 employees. However, until the current CAO’s contract, the CAO could be dismissed at any time for any reason by any three members of the Board. Accordingly, there was always powerful pressure to set aside the public interest when that direction displeased a majority of the Board. The CAO had only as much authority as the Board was willing to allow. The American system of checks and balances between co-equal branches of government is non-existent in San Bernardino County. The opportunities for residential and commercial development are huge in our vast County. To have influence over the County’s most powerful government officials could be a great advantage. That advantage is easily obtained in a County where there are no campaign contribution limits. The combination of an imbalance of power and unlimited money in County politics is an easy formula for government corruption. Prosecution can interrupt, but can never bring an end to corruption under such a system. County reform recommendations: • Non-Intervention Provisions: The adoption of non-intervention provisions that would prohibit a member of the Board of Supervisors from instructing or interfering with County employees in the performance of their duties or from interfering in litigation. (San Diego, Los Angeles and Monterey Counties all have such provisions.) • An Independent CAO: The contractual provisions for the current CAO requiring a 4/5’s vote for removal for specific reasons should be made into law. Further, a CAO could have a four-year term during which they could not be removed except as above. Every four years the Board could re-appoint or select another executive leader. This would help to re-establish the co-equal authority of the executive branch of County government. (Sacramento County has some of these provisions.) • No-Gift Policy: In a County tainted by corruption, there is every reason to adopt a countywide no-gift policy, such as one in effect in Orange County. Campaign Finance reform recommendations: • Campaign Contribution Limits: San Bernardino County needs a thorough review of its campaign finance laws. The County should adopt campaign contribution limits, such as are in effect in Los Angeles, Orange, Santa Cruz, Contra Costa, San Mateo, San Diego and San Francisco counties. This County should never have another election where many thousands of dollars in contributions come from any one source. • Instant Reporting of Campaign Contributions: Transparency should not only occur at specified times but should be a daily commodity. The County should adopt provisions that require the instant reporting of contributions over a specified level. All elected County officials and candidates for county office should be required to have official websites where such information must be immediately posted. • Regulation of PACs: Provisions should be adopted that will prevent the abuse of Political Action Committees (PACs). PAC officers and directors should be clearly specified; no expenditure of a PAC should occur without a meeting and vote of their directors; minutes of every such meeting should be kept, noting all present; no PAC should be permitted to contribute to another PAC; and PACs should be completely transparent with instant online reporting of contributions made and received. Implementation: Over 100 jurisdictions in California have laws stricter than those in the Political Reform Act (Government Code Section 81000, et seq). The Act specifically allows for Cities and Counties to have their own, more stringent, provisions. San Bernardino County should no longer be the exception with regard to fundamental campaign reform. Coupled with the additional government recommendations noted above, I believe that such a program of reform could substantially improve and promote a fair, and effective County Government focused on service to our citizens. These are all concepts that should be thoroughly discussed. I invite public input. If there is support for these provisions, I would look forward to working with the public to explore the most effective and timely way to implement them. Michael A. Ramos San Bernardino County District Attorney"
Blogger Bob's comments:
Ok when is this overdue process going to start?
I would propose (1) scheduling an open public roundtable-type meeting where strategies can be discussed on whether to do a piecemeal approach to reform or do much larger/comprehensive approach (a meeting which would invite the supervisors to come and take a position on what they would support --the big concern here would be that the larger the reform package attempted the more delay there may be in getting something passed), (2) bullet points can be discussed and agreed to at that round table on what issues/concerns to cover, steps to be taken & time tables (as well as discussion about legislative initiatives at a County level and potentially the need for a proposition to be drafted and given to the voters if the County will not sign on to needed reform), (3) a committee formed from attendees to draft an initial county-wide ordinance and then (4) hosting community town hall type meetings where an agenda and draft ordinance can be introduced and revisions/changes urged with the idea that what is submitted is a starting point, not a pre-packaged fiat accompli and (5) at each stage, the media attend and if possible, the discussion recorded by the County and be made available for public viewing..
I will volunteer to work WITH you because we do need to take back our government from special interests. I would ask each of the Board of Supervisors full and complete cooperation in the process.
Tuesday, August 31, 2010
Ramos brags about his gang injunction--I have a secret Mike...every major agency in California recognized other steps were needed!!!
Mike (Ramos)--here are the facts, not the smoke and mirror press releases [ & campaign hype]
Source: http://www.montereyherald.com/"War on gangs: Drug case strategies work where RICO tactics failed
Their mission was so secret even fellow cops weren't allowed to know what they were up to.
The cadres of local police, state narcotics officers and federal agents were plotting how to systematically bring down entire regiments of one of the West's most infamous gangs.
Four months later, hundreds of officers in SWAT attire began a string of early-morning takedowns, arresting hundreds of leaders and members of the Nuestra Familia, beginning in Salinas with Operation Knockout, followed by Operation Crimson Tide in the Sacramento area and Operation Tapout in the Central Valley.
"Salinas is the hub of all of this," said Special Agent Supervisor Mike Hudson of the state's Bureau of Narcotic Enforcement. He worked on the Crimson Tide investigation.
"It's not a coincidence that Salinas came, and then us, and then Tapout."
Now, in what many see as a historic offensive, at least five large-scale conspiracy cases against the Nuestra Familia and its alleged drug-dealing operations are simultaneously under way in California courts. This strategic shift is not only new, it's unique to the West.
Disparate agencies have banded together to apply drug-cop surveillance methods and use a mix of federal and state narcotics and firearms laws they hope will disrupt the gang's economic engines. Some aspects of the approach have already been used to fight smaller gangs, such as Stockton's Loc Town Crips and the Merced Gangster Crips.
But the Nuestra Familia cases are striking, both in their scale and the military precision of their timing. They span a wide geographic range across the gang's stronghold — Northern California's agricultural counties — and this year culminated in near-simultaneous takedowns of large local regiments.
"This is an unprecedented response to a problem that's never been addressed systematically before," said California's "gang czar" Paul Seave, director of the Governor's Office of Gang and Youth Violence Policy.
Hudson agrees. "This is the way to investigate organized criminal gangs around the state," he said. "You take a regiment down and a vacuum is created. That void is quickly filled if you haven't disrupted the other regions."
Gang crimes decreased
From January to June, Hudson led the investigation of the gang's Sacramento, Yuba and Sutter counties regiment, a case that "kind of merged" with the Operation Knockout team's work in Salinas.
Crimson Tide ended with 41 arrests, which included two alleged regiment commanders, and murder charges in four cold cases.
Gang crimes in the area were reduced almost immediately, Hudson said. "I just know that we've made a huge impact up here."
In Salinas, too, a period of relative calm followed the April 22 Operation Knockout arrests, although violence flared again in the summer. More than 40 people were charged in state and federal courts, including Martin "Cyclone" Montoya, who, last year, was considered Nuestra Familia's Salinas regiment boss.
The most recent takedown, called Operation Tapout, took place five days after Crimson Tide, with Salinas police traveling to Earlimart to help in the arrests of 24 more alleged gang associates, including the man officers have for years described as a rising Nuestra Familia kingpin, Shawn "Bubbles" Cameron of Hanford.
Salinas Police Chief Louis Fetherolf said those sweeps were just the beginning.
"The public is going to continue to read about more suppression efforts throughout this year," he said.
Layers of organization
California law enforcement has carved out this strategy in response to problems that are unique to the region.
"We have more street gang violence in California than in any other place in the country," Seave said. "The gang presence has grown in the last 20 years. Now, we find gang violence and murders in places we never would have expected."
Contrary to popular belief, he said, most of these gangs are not highly organized, though they commit a great deal of violence. But another layer of organized gangs keeps a close connection to the state's prisons.
Among gang cops, there's a common belief that East Coast policymakers are out of touch with these realities in the West.
For example, the most recent National Gang Threat Assessment from the Justice Department doesn't even list Nuestra Familia as a prison gang — but does list the far less active Black Guerilla Family, whose numbers total only 100 to 300.
In contrast, state investigators believe Nuestra Familia has an estimated 2,000 members who cycle in and out of prison — and its street-level Norteño gang soldiers number tens of thousands more. Police have linked the Nuestra Familia to more than 1,000 murders during the four decades it has been in existence.
And perhaps more than any state, California's street gang activity is tied to policies regulated by these prison gang "parent companies."
"We are now coming to understand the extent to which prison gangs are affecting life outside the prisons," Seave said.
Gangs in the Central Valley are responding to policies set by leaders in state and federal prisons, he said.
In addition to those differences, Western courts have developed tighter privacy standards that can affect how gang surveillance is handled.
"Even if there's a national strategy, here on the West Coast, we have different rules," said Jason Hitt, a federal prosecutor in Sacramento.
Narcotics approach
The West's new approach in the gang wars began to take shape in 2006, when investigations of Nuestra Familia and Norteño gang members from Salinas, Castroville and Watsonville morphed into two large FBI and DEA wiretap cases, known as Operation Valley Star and Operation Dictator.
That same year, the Bureau of Narcotic Enforcement launched GSET, its acronym for the state Department of Justice's Gang Suppression Enforcement Teams.
"It was, basically, we're going to use the same investigation techniques we use on drug dealers, and we're going to use them against gang members," Hudson said.
The teams behind Valley Star and GSET both chose to rely heavily on the tricks of the trade of narcotics officers: set up surveillance to prove a conspiracy, arrange for informants to buy or sell drugs, and get it all on tape. Then, coordinate a massive, all-at-once takedown.
Hitt, who is prosecuting the Valley Star investigation, said drug-based cases are easier to prove in court than the feds' preferred tool against organized crime: the RICO statutes (Racketeering-Influenced and Corrupt Organizations), passed in 1970 to prosecute the Mafia.
Proving a RICO case means showing a racketeering enterprise has a pattern of criminal activity over time. The list of requirements can be daunting.
Proving a drug conspiracy, Hitt said, is far simpler.
"The tactic itself is extremely powerful," even with prison gangs such as the Nuestra Familia, he said. "From Valley Star, the thinking was that the drugs are the profit center on the outside for the guys on the inside."
With wiretap and live recordings, prosecutors can prove a drug-dealing conspiracy without relying on witnesses — and under federal drug laws, they still get stiff prison terms, he said.
For the past several years at Department of Justice headquarters in Washington — known to insiders as "Main Justice" — experts have been training prosecutors to use RICO in gang cases.
But Main Justice, Hitt said, doesn't always grasp that under privacy standards upheld by the 9th Circuit Court of Appeals, just getting approval for electronic surveillance is tougher in California.
"Our rules are so different," he said. "Our wiretap affidavits are 100 pages. In the Southern District in New York, they're 30."
And California gangs have been quick to respond to RICO: Gang members have studied the law and adapted their language and methods to avoid qualifying as a racketeering enterprise.
After the FBI's 2000 Operation Black Widow targeted the gang's top leaders, the Nuestra Familia "made some changes to deal with future RICO prosecutions," Hitt said.
"But they're still dealing dope."
Early segregation
Another new and important aspect of the 2010 takedowns is that Bureau of Narcotic Enforcement agents worked hand-in-hand with the California Department of Corrections and Rehabilitation to have defendants validated as prison gang members before their arrests.
In the past, Hudson said, convicted Nuestra Familia members would go into main prison yards where they could recruit soldiers and order crimes for months before their gang alliances were documented. Under the new pre-validation system, they can be separated from regular inmates immediately.
"BNE got it right on this one," he said.
While the operations add up to the government's largest offensive ever against the Nuestra Familia, few have ventured to predict what the aftermath of the concentrated takedowns might be.
"If you disrupt a gang, you interrupt the gang's ability to commit violence and intimidation," Seave said. "But if we do nothing more, the gang will come back."
He would like to amp up the Ceasefire strategy his office is applying in Salinas and several Central Valley cities. Ceasefire aims intense law enforcement suppression at gang members who continue to commit violence, but offers help to those who decide to stop the shooting.
"We know that we can't arrest our way out of the gang problem," he said. "The next step will be to adapt carrot-and-stick strategies like Ceasefire to prison gangs inside and outside the prison."
Meanwhile, Gov. Arnold Schwarzenegger has hinted at more takedowns to come.
After the Operation Knockout sweeps in Salinas he said, "This is not done yet."
Julia Reynolds can be reached at 648-1187 or jreynolds@montereyherald.com. Operation Valley Star:
Operation Dictator:
Operation Knockout:
Operation Crimson Tide:
Operation Tapout:
Source: Federal and state court records, California Department of Justice"
Blogger Bob's comment: (1) Great article by the Monterey Herald, (2) great enforcement work in Northern & Central California & (3) while Mike Ramos, our San Bernardino County District Attorney talks about his gang injunction in his push to get re-elected, Mike Ramos neglected to tell anyone, the gang injunctions are not doing it--every major agency to the North has taken it to the next level. No wonder nearly 40% of the gang related felony filings end up with acquittals on Mike Ramo's watch when the standard conviction rate averages 90%!!
The war on gangs
Five major cases are now under way in California federal and state courts targeting the Nuestra Familia's regiments and their alleged drug operations. The cases represent an unprecedented level of collaboration between local, state and federal agencies to fight West Coast gangs. Case updates
· In Eastern District Federal Court, Sacramento: Two dozen people were arrested in this 2007 takedown, including Larry Amaro and Mario Diaz, two Monterey County men believed to be running the Nuestra Familia's statewide operations at the time. Several defendants have been convicted or pleaded guilty. Amaro is among the first main group scheduled to start trial in Sacramento in three weeks.
· In Eastern District Federal Court, Fresno: This operation led to the arrest of eight, including Bakersfield resident Fidel Ramon Castro, who still awaits trial on narcotics charges after his co-defendants entered guilty pleas. The case involved drug deliveries to Nuestra Familia associates in Salinas, payments made to traffickers in Mexico, and Castro's alleged attempted takeover of a Bakersfield medical marijuana dispensary.
· In Northern District Federal Court, San Jose: After months of investigation following a 2009 law enforcement summit in Salinas, more than 40 Salinas-area residents were arrested in this April takedown, including Martin "Cyclone" Montoya, considered the gang's one-time regiment leader in Salinas. Montoya and nine others are awaiting a trial date in a San Jose federal court, while others have been arraigned in Monterey County.
· In Sacramento County Court, Sacramento: This six-month methamphetamine investigation spanned six counties and ended with 41 arrests, including the alleged Nuestra Familia regiment commander for the greater Sacramento area, Robert Juan Salazar, and his acting replacement, Cesar Noe Villa. Six defendants, including Salazar, also are charged with murder in connection with several once-cold cases.
· In Eastern District Federal Court, Fresno: Salinas police assisted in this Central Valley operation that resulted in the arrest of 24 suspects, including Shawn "Bubbles" Cameron of Hanford, long named by investigators as the Nuestra Familia leader for the Hanford-Fresno area. Cameron and others in the case face potential life sentences. No trial date has been set in Fresno's federal court.
Monday, August 23, 2010
Oh where oh where did the evidence go.........
Re-post of Inland Politics blog:
August 9, 2010 – 10:30 pm [http://inlandpolitics.com/blog/2010/08/09/inlandpolitics-brown-pressuring-ramos-on-colonies-case/]
"Everyone has to admit.
The February 10, 2010 fanfare press conference held by California Attorney General Jerry Brown and San Bernardino County District Attorney Mike Ramos had all the bells and whistles for a main stream media press conference designed to unveil a major conspiracy case during a reelection campaign cycle for both men.
Recently, Brown has shown no shyness to embellishing situations for political advantage.
Now it seems things are changing.
Forget embellishing. Now it’s win at all cost.
San Bernardino County insiders are now reporting that Brown is pressuring Ramos to produce the goods on what Brown publicly described back in February as the worst case of corruption in California history.
Ramos roped Brown into his so-called major conspiracy investigation, and now he’s tied to it like a ball and chain.
Yes, Brown has now quietly made it known he wants Ramos’ investigators to produce evidence to charge five so-called “John Does” in what is commonly know as the Colonies conspiracy case.
Now the same investigators that started this whole fiasco are under the gun. The pressure is being described as intense.
Brown and Ramos leveled charges against former Assessor and county supervisor Bill Postmus and Assistant Assessor Jim Erwin last February 10th in a full court press, in what many believe was a politically-driven escapade, for the sole purpose of helping both win their respective elections. In the same press conference, Brown and Ramos hammered away at people who insiders say Brown insisted be labeled as “John Does 1-5″.
Trouble recently emerged with a key witness, who is at the center of the case. Witness credibility being the key factor. A major problem here.
One of the John Does, Jeff Burum was slated to be Republican Meg Whitman’s state fundraising chair. Obviously Brown’s actions nixed that scenario.
Ramos narrowly won reelection in June, and Brown now faces Whitman in a showdown for Governor in November.
Coincidence? You be the judge.
Now Brown, who has limited resources compared to his opponent, wants the ammo to make a mid-September media splash in his campaign.
How you ask? Charge the five “John Does”.
It’s becoming increasingly apparent based on developments in Bell, California that Brown is using his elected office of Attorney General to pander to voters.
Now he appears willing to resort to any means necessary, even if individual rights get trampled on.
Highly-placed confidential sources within the District Attorney’s office report that the Federal Bureau of Investigation and United States Attorney are actively reviewing several matters in San Bernardino County, including Ramos. They are reportedly back-tracking on investigations involving Ramos’ Public Integrity Unit in an effort to ferret out fiction from reality.
It’s time to look at everything".
Blogger Bob's comment: Did Ramos exaggerate? Oversell? Is there a reason the County was awash with detectives & investigation teams over the weekend? Why are we messing with Does 1-5? Isn't that a tacit admission they (to quote a song) "ain't got no"? Could this have been a well-planned Republican ruse to draw Brown into an investigation that could prove embarrassing and a way for Ramos to prove once and for all to his republican detractors, that he truly has crossed the deceit threshold and earned, by setting up Brown, broad spectrum support from all republican groups in his planned run for Congress in 2012?
Sunday, August 22, 2010
Sun's Coverage is the typical soft pitch...but here it is
"Ristow files suit against Ramos
Cheryl Ristow, a former investigative technician at the District Attorney's Office, filed the lawsuit Monday in San Bernardino Superior Court. She says she had an 18-month relationship with Ramos that included sex acts in his office, in his county-issued car in San Bernardino parking lots and at the UCLA Conference Center in Lake Arrowhead, where she says she met Ramos during a conference in September 2003.
The lawsuit also claims that when news of the alleged affair was about to be made public in a newspaper article in May 2009, Ramos and some of his employees retaliated against Ristow,
The San Bernardino County district attorney has been sued by a woman alleging sexual harassment, retaliation, and assault and battery.
"After the aforementioned incidents, the hostile working environment became too intolerable for plaintiff, and she has been unable to return to work," according to the lawsuit.
Ristow's claims spurred a six-month investigation by the county Human Resources Department. An outside law firm that conducted the investigation cleared Ramos of wrongdoing.
Ramos categorically denied Ristow's allegations and said the previous investigation questioned Ristow's credibility more than his and that she appeared to have an agenda.
"Her previous charges were thoroughly investigated by an independent law firm who repeatedly questioned her credibility," Ramos said in a statement Monday. "Having failed in those charges, she now presents even greater falsehoods."
Ristow claims to have had at least 20 sexual encounters with Ramos and more than 50 phone conversations, 15 of which included sex talk.
The assault-and-battery allegation stems from an incident Ristow says happened in Ramos' office on Oct. 7, 2005. Ramos, according to the lawsuit, "grabbed and fondled" Ristow without her consent.
Ristow filed a claim with the county in January seeking $1.5 million in damages. The county rejected the claim Feb. 10.
"In my entire career in public service, I have never before been the subject of such charges," Ramos said in his statement.
Ramos believes Ristow's allegations are encouraged by people at the focus of a corruption probe by the District Attorney's and state Attorney General's offices into the county's $102 million legal settlement with developer Colonies Partners LP in November 2006. Prosecutors say the settlement was tainted by bribery and extortion, allegations both the county and the developer deny.
The county and Colonies Partners maintain that the settlement was legitimate and potentially saved county taxpayers up to $300 million.
"These allegations began only after I filed the first criminal charges resulting from
Blogger Bob's Comment: Is Ramos making the same statement Postmus is?? ....that this is a political conspiracy against him.....maybe Postmus and Ramos share the same delusional hemlock brew
Sunday, August 15, 2010
Ristow sues Ramos for retaliation after on-the-job sex ended for $1.538 million & Yablonsky sues Ramos for $5,000,000 for unlawful use of his name
....."A woman who worked for seven years as an evidence technician in the San Bernardino County District Attorney’s Office has sued her boss, district attorney Michael A. Ramos, alleging he retaliated against her after information about their 18-month long affair became public.
.....In her $1.538 million lawsuit, Cheryl Barnes Ristow claims she was subjected to sexual harassment, retaliation, and sexual assault and battery by the district attorney.
.....In the court filing, she delineates details of their affair, which she says lasted from September 2003 until March 2005, including sex acts within a hotel room, in his office and inside a county issued vehicle in public view during daylight hours.
......Ristow maintains in the suit that more than four years after her affair with Ramos had concluded, just as a public account of Ramos’ womanizing was about to be published, Ramos instructed her to remain quiet about their relationship and deny that it had taken place. Shortly thereafter, his employees began a pattern of retaliation against her, she said, including citing her for dress-code violations, which entailed a nose ring and uncovered tattoos, that heretofore had been openly tolerated.
.....Ristow, who was put on leave from her position in the summer of 2009, filed a complaint with the county’s human resources department, and later filed a claim against the county over the matter.
.....The county, at a cost of $140,000 commissioned a study of Ristow’s complaint from the Santa Monica-based law firm of Curiale, Hirschfeld and Kraemer. The report issued by Curiale, Hirschfeld and Kraemer shied away from an examination of whether there had actually been a sexual relationship between Ramos and Ristow, instead examining whether Ramos and his underlings had grounds, based upon Ristow’s performance or lack thereof, comportment on the job and adherence to office regulations to discipline her and whether the action taken against her constituted improper retaliation. That report concluded that Ristow had deviated from office dress and performance standards and that her suspension from her position and the action by department members leading up to it did not constitute retaliation.
.....Ramos cited the Curiale, Hirschfeld and Kraemer report in denying the validity of Ristow’s suit and the allegations contained therein.
.....The suit, which was filed by Rancho Cucamonga-based attorney Jim Reiss, however, references specific dates and times upon which and locations where sexual encounters between Ramos and Ristow occurred.
.....According to the suit, their sexual relationship initiated the day they met, on September 15, 2003 at a conference held at the Lake Arrowhead Resort.Moreover, the suit specifically cites three other sexual encounters between the two. One, on October 13, 2003, took place at Ramos’ office at 316 North Mountain View Avenue in the city of San Bernardino between 11:30 a.m. until 2 p.m., according to the suit. Another two encounters took place on December 3, 2003 and December 21, 2003, during which, according to the wording of the suit, the “plaintiff and defendant, district attorney Ramos, engaged in consensual oral sex while parked in a vehicle located in a Mervyn’s department store parking lot located in the city of San Bernardino. Said sexual intercourse took place in a vehicle issued to defendant, district attorney Ramos by [the] county of San Bernardino.” Those encounters, according to Ristow, took place in broad daylight, between the hours of 1:30 p.m. and 2 p.m. and 1 p.m. and 2 p.m., respectively.
.....And, according to the suit, “On or about February 11, 2005, plaintiff and defendant, district attorney Ramos engaged in consensual sexual acts while parked in the parking lot of a Starbucks located in the city of San Bernardino.” That encounter also took place in Ramos’ county issued vehicle between 1 p.m. and 2 p.m.
.....The suit and its attendant documents further assert cell phone records show that throughout the duration of their affair, Ristow and Ramos were in phone contact over 50 times. Those included, according to Ristow’s declaration filed in conjunction with the suit, “at least fifteen (15) phone sex sessions, many of which took place during regular business hours and/or employment related events wherein both Mr. Ramos and I were employed in our respective positions and being paid by the county of San Bernardino.”
.....Ramos suggested Ristow is being supported and encouraged in her claims against him by criminals and public figures who have been the focus of his prosecutorial efforts".
........................................................................................................................................................................
Case CIVDS1010909 - RISTOW -V- COUNTY OF SAN BERNARDINO, ET AL
| 02/04/2011 8:30 AM DEPT. S32 | CASE MANAGEMENT CONFERENCE - Minutes | | | |
| | 11/12/2010 8:30 AM DEPT. S32 | OSC RE: SERVICE COMPLETION - Minutes | | |
| | 08/09/2010 | SUMMONS ISSUED ON COMPLAINT (UNLIMITED) FILED 08/09/2010 OF CHERYL RISTOW - ORIGINAL FILED IN COURT FILE. | Not Applicable | |
| | 08/09/2010 | CIVIL CASE COVER SHEET FILED. | Not Applicable | |
| | 08/09/2010 | CASE ASSIGNED FOR ALL PURPOSES TO DEPARTMENT S32 | | |
| | 08/09/2010 | COMPLAINT AND PARTY INFORMATION ENTERED | Not Applicable |
News flash folks....... in a political campaign flyer sent out by Ramos through his campaign committee with the title "IT's NEVER A 'COLD CASE'", Mike Ramos is quoted as saying:" A case is never cold to the family of a murder victim. That's why I have worked with the Sheriff to start the Cold Case Unit. Using DNA evidence, we have filed murder charges in 19 cold cases. Twenty five years after the crime, Rita Cobb's family will have closure."-- next to the quote is a 8" x 5" color picture of John Henry Yablonski--the only trouble folks, is Yablonky has not been tried yet and has pled not guilty. The Court docket on the civil right case filed(Case No. CIVDS1010254) is as follows:
Case CIVDS1010254 - YABLONSKY -V- RAMOS
| 01/28/2011 8:30 AM DEPT. S35 | CASE MANAGEMENT CONFERENCE - Minutes | | | |
| | 10/29/2010 8:30 AM DEPT. S35 | OSC RE: SERVICE COMPLETION - Minutes | | |
| | 10/28/2010 8:30 AM DEPT. S35 | OSC RE: SERVICE COMPLETION | VACATED | |
| | 07/30/2010 | VACATE OSCSV HEARING SCHEDULED FOR 10/28/10 AT 08:30 IN DEPARTMENT S35. | Not Applicable | |
| | 07/30/2010 | NOTICE OF RESETTING HEARING DATE SENT. | Not Applicable | |
| | 07/28/2010 | SUMMONS ISSUED ON COMPLAINT (UNLIMITED) FILED 07/28/2010 OF JOHN YABLONSKY - ORIGINAL FILED IN COURT FILE. | Not Applicable | |
| | 07/28/2010 | CIVIL CASE COVER SHEET FILED. | Not Applicable | |
| | 07/28/2010 | FILING FEE WAIVED ON JOHN HENRY YABLONSKY FOR FILING FEE IN THE AMOUNT OF $355.00. | Not Applicable | |
| | 07/28/2010 | REQUEST FOR WAIVER OF COURT FEES AND COSTS FILED BY JOHN HENRY YABLONSKY IS GRANTED | GRANTED | |
| | 07/28/2010 | REQUEST FOR WAIVER OF COURT FEES & COSTS FILED BY JOHN HENRY YABLONSKY. | | |
| | 07/28/2010 | CASE ASSIGNED FOR ALL PURPOSES TO DEPARTMENT S35 | | |
| | 07/28/2010 | COMPLAINT AND PARTY INFORMATION ENTERED | Not Applicable |
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Blogger Bob's comments on Ristow & Yablonsky suits:
.....(1)The allegations in Yablonsky are, if the copy I received is correct, handwritten on a judicial council form with a cause of action for "negligence"--hopefully the court reviewing this will look pass the form of the pleading and recognize it as probably a 42 USC § 1983 case & false light type case and not summarily dismiss it. For Ramos to have used his police power for personal political gain at the expense of a citizen the law presumes innocent until proven guilty seems like prosecutorial abuse;
.....(2) To deflect the heat he was anticipating with Ristow, has Ramos ramped up the list of charges against Guttierrez & Postmus to try and deflect media attention from his own problems?
.....(3) The added charge in Guttierrez is a felony conspiracy count (?) in the Rex Guttierrez case that does not seem to go anywhere on what is pled and the likely facts the DA has to use--is the point here that Ramos' special unit realized its case was a bit thin and need more? or should it have been included in the initial case and we could have avoided the expense of a re-trial?
.....(4) With Ramos tacking on on a intoxicated in public charge on Postmus, the question that has to be asked is why now? Rumor has it he's been under the influence at every other appearance.
.....(5) Where's the print media on Yablonsky's $5,000,000 civil rights lawsuit against Mike Ramos or the media on the $1.538 million lawsuit against Mike Ramos by Cheryl Ristow?? It kinda goes back to what I have said all along--the media is little more than the lap dog of Mike Ramos.
.....(6) I hope the San Bernardino County personnel commission folks take a look at the Ristow suit--the use of company time and property for sex violates county policy--right folks?? And there is no statute of limitations of initiating personnel actions based on same?? Correct??
Thursday, August 5, 2010
All's Not Well (?) # 6
"Additional information regarding the Federal Bureau of Investigation’s (FBI) probe into the San Bernardino County corruption scandal has been trickling into iePolitics. It appears there are two general areas the Bureau is concentrating on: all investigations conducted by District Attorney Mike Ramos’ Public Integrity Unit (PIU) and the Superior Court bench.
Based upon questions being asked by agents, this investigation is wide-ranging. iePolitics has been told that questions are being asked regarding various real estate deals; destruction of records by former Third District Supervisor Dennis Hansberger; disparity in handling the various FPPC complaints by Ramos against Penrod, Erwin, Biane, Devereaux, and others; the difference in the way in which 1099 charges against Jim Miller and Bea Cortes were handled; the POST scandal; possibly several of the issues at ARMC (regarding Supervisors Biane and Gonzales); and much more.
From what we are being told, the FBI is looking at each investigation the PIU has been involved in and tracing it back to its inception. It would appear that part of the investigation is meant to uncover selective prosecution and use of the district attorney’s prosecutorial powers for political purposes. It is believed that the attorney general’s involvement is also being reviewed.
As stated in previous articles, we know that solid evidence of at least one felony committed by Ramos was provided to the FBI several months ago; however, it is not known what crime was alleged. Furthermore, evidence of witness tampering and intimidation personally committed by Ramos may be made public as early as today.
As much as we here at iePolitics enjoy watching Ramos squirm as the tables have been turned on him, of much greater concern and satisfaction is the scrutiny the Superior Court bench is now receiving from the federal government. Clearly, all judges have a great deal of discretion in the decisions they make. However, from the first moment a Superior Court judge became involved in the corruption scandal, there have been highly suspect decisions and rulings.
Search warrants were issued based solely on the testimony of a convicted perjurer who agreed to cooperate to gain a lesser sentence. Excessively high bails were set for white collar crimes that far exceed what is set for violent offenders who are a flight risk. And one judge had a personal relationship with the Ramos’ personal attorney. This scandal has been fraught with questionable rulings from the bench.
Additionally, we have witnessed two examples where the district attorney and attorney general have attempted to thwart attorney/client privilege. First, a search warrant was signed and served on the attorney of one of the defendants, something this is almost unheard of. And more recently, the bullying by the Attorney General’s office to force all parties involved in the Colonies decision to waive attorney/client privilege has reached new heights with threats being made by the Attorney General’s office.
But perhaps the most egregious examples of prosecutorial misconduct and judicial incompetence or payoff involve the two sets of charges against former Assistant Assessor Jim Erwin. There are sections of the law that clearly show Erwin did NOT have to report the trip or watch, but the district attorney charged him anyway. The craziest and most far-fetched charges are the conspiracy and bribery allegations.
We realize the average person reading this article does not understand the law well enough to know that certain elements must be present to allege both conspiracy and bribery. While Erwin was still in custody we asked a retired prosecutor to review the charges against Erwin and give us his opinion. He was shocked that a judge would sign an arrest warrant based on the allegations made as the elements of the crime were not present. That has been the opinion of every attorney we know of who has actually spent the time to read the entire complaint.
And that begs this question: Why would a judge sign these search warrants and arrest warrants? Certainly, they should know as well as anyone what the elements of each crime are.
As we have written about before here at iePolitics, the close personal relationship between Ramos and members of the San Bernardino County Superior Court bench is a concern. It is not only a concern to the corruption scandal defendants, but to all who enter the courthouse in search of justice. Now we have the FBI observing San Bernardino County justice first hand. And if they do a thorough job, it will benefit every citizen in this county.
Be it corrupt prosecutors, politicians or judges, they all need to go down and be punished for the havoc they have wreaked on our county. We welcome this investigation and look forward to their findings."Comment by blogger Bob: That my clients may be getting retaliated against because I couldn't stand what Ramos represented and I ran against Ramos to try and get him to clean it up or get replaced, is the saddest part of this. I personally hope any compromised members of the bench are not given a free ride--hell, most of the people on the bench are hand picked and or approved by Ramos during the Governor's review of judicial applications; I have felt more squeezing on things that I routinely have won. In the last 6 months, I have lost more substantive motions in civil cases than I have over the last twenty (oh my, its been almost 25 now that I think of it) years practicing in both state and federal court--I am not doing a poorer job. Its been ugly.