MULTIPLE GRAND JURIES...WE WOULD NOT NEED IF THE DA WAS DOING HIS JOB [& LIKE THEY ARE GOING TO HAPPEN ANYWAY!]

First, putting aside the argument that we wouldn't need two more grand juries if the DA was doing his job back in 2003-2006 while the County was getting fleeced, I can't believe why Biane was not asked what was he doing talking to a grand juror? In what context? As a witness of interest, what in the world is he doing talking with a grand juror? Didn't Stout (the former DA) get in trouble talking indirectly with a grand juror (in fact Ramos made a campaign issue of it)? Second, there is a loophole in this proposal--if the presiding judge, putting aside his or her political leanings and whether he/she was an ally of the supervisors in power and whether that might have an impact, would have to determine the need for the extra grand jury as well as the budget for same--it won't happen in the current budget environment where keeping court houses open and staff in place is the biggest challenge (and priority) for the foreseeable future--in other words, its another flashy proposal that will go no where even if passed folks. Mitzelfelt and Biane look like they have nothing to hide, yet what they (and Assemblyman Cook) propose does not change the risk equation for them--clever. Bob Conaway

Interventions for Juvenile Offenders Prevent Crime--where we could spend the dough going to death penalty prosecutions maybe????

Title: Interventions for Juvenile Offenders Prevent Crime [from "fightcrime.org"]

Compelling research shows that early, intensive interventions can get young offenders back on track and steer them toward productive futures. Yet despite proven success, the funding to these programs is shrinking. We need to spend more money on our young facing challenges, not less. A priority goal of FIGHT CRIME: INVEST IN KIDS California, an anti-crime organization of over 400 sheriffs, police chiefs, district attorneys and crime survivors, is to ensure juvenile offenders and youth at risk of entering the juvenile justice system have access to proven interventions that will steer them away from crime.
..
Repeat Offenders Threaten Public Safety. Each year, there are over 200,000 arrests of juveniles in California.fn1 While many young people learn their lesson once arrested, too many offend again and again. For example, approximately 70 percent of youth leaving state custody are re-arrested within three years.fn2 These repeat offenders pose a serious threat to public safety.
..
Intensive Family Interventions Cut Crime. Intensive family interventions are proven to prevent juveniles from reoffending. Through the Multidimensional Treatment Foster Care (MTFC) program, carefully chosen and trained foster parents closely supervise juvenile offenders, while their parents receive complementary training. MTFC has been proven to
successfully cut the average number of arrests for seriously delinquent juveniles in half, and six times as many of the boys in MTFC as boys in a group home successfully avoided any new arrest. fn 3
..
Among family therapies, Functional Family Therapy (FFT) cut re-arrests in half in one study and out-of-home placements by three quarters in another.fn 4
..
A study of Multisystemic Therapy (MST) found that youth who had not received MST were 62 percent more likely to have been arrested for any offense, and more than twice as likely to have been arrested for a violent offense. fn5
..
The Juvenile Justice Crime Prevention Act is an Important Crime-Prevention Tool. Enacted in 2000, the Juvenile Justice Crime Prevention Act (JJCPA) provides a dedicated funding stream for local juvenile justice programs designed to curb juvenile crime, including FFT, MST, after-school programs for at-risk teens, gang and truancy prevention, job training and diversion programs. JJCPA currently supports approximately 174 programs in 56 participating counties, and serves over 100,000 at-risk and delinquent youths annually. Governor Arnold Schwarzenegger’s Administration credits JJCPA with “curbing juvenile crime” and deterring “countless thousands” of juveniles from ending up in custody. fn6 JJCPA funding is linked to the Citizens’ Option for Public Safety (COPS) program, which funds local law enforcement agencies for front-line public safety services. According to a recent evaluation by the California Department of Corrections and Rehabilitation, youth left out of JJCPA-funded programs were 22 percent more likely to be arrested than youth not receiving those services.” fn 7
..
In addition, JJCPA youth in programs reporting further outcomes attended school more frequently, were suspended less often, and had higher GPAs. fn 8 “Effective juvenile crime-prevention and intervention programs aren’t about making excuses for kids who commit crimes. They’re about giving young people the skills they need to actually learn from their mistakes.” Chief William Lansdowne, San Diego Police Department www.fightcrime.org/ca (510) 836-2050 Crime-Prevention Programs Save Money Programs that reduce crime pay off in saved lives, in reduced incarceration costs and other fiscal savings. For example, studies of intensive family interventions show these approaches can save as much as $14 for every $1 invested. Multidimensional Treatment Foster Care saves over $77,000 for every juvenile offender served, while Functional Family Therapy saves over $31,000 and Multisystemic Therapy saves over $18,000. fn 9

California Is Reducing Investments in Juvenile Offender Interventions, Despite Great Need
..
• Established in 2006, the Juvenile Mentally Ill Offender Crime Reduction (MIOCR) program provided $22 million for a variety of interventions, with 12 of 20 counties using MIOCR to provide the proven intensive family therapies MTFC, FFT or MST. However, this program was eliminated by the 2008 Budget Act.
..
• After a cut of over $30 million in 2008-09, Juvenile Justice Crime Prevention Act funding was partially restored to $107 million in 2009-10, although it is contingent on vehicle license fees which are lower than projected. This is still well below its original funding level from 2000, while spending for Corrections has nearly doubled. fn 10 As a result, many valuable JJCPA programs have been forced to shut down entirely, cut services, or place troubled youths on waiting lists.
..
• Increased funding through juvenile justice reform legislation (SB 81), which transferred many young offenders from State to county custody, has been undercut by cuts to JJCPA, MIOCR, and other programs.
..
• Overall, intensive family therapies serve just 4 percent of the more than 20,000 eligible juvenile offenders in California. fn 11 This does not even take into account expected cuts to intensive family therapies due to the elimination of MIOCR. Protecting and increasing
investments in proven interventions to get troubled kids back on track will help make California safer.
..
..
References:
fn1 217,158 juveniles were arrested in California in 2005. Federal Bureau of Investigation. (2005). Crime in the United States, 2005. Retrieved February 2, 2007 from
http://www.fbi.gov/ucr/05cius/data/table_69.html.
fn2 California Department of Corrections & Rehabilitation, Division of Juvenile Justice. (2005, Nov. 30). Reforming California’s Juvenile Corrections System, Farrell v.
Hickman, Safety & Welfare Remedial Plan.
fn3 Chamberlain, P. & Mihalic, S.F. (1998). Multidimensional Treatment Foster Care: Blueprints for Violence Prevention: Book Eight (D.S. Elliott, Series Editor).
Boulder, CO: Center for the Study and Prevention of Violence.
fn4 Alexander, J., Pugh, C., Parsons, B. & Sexton, T. (2000). Family Functional Therapy: Blueprints for Violence Prevention: Book Three (D.S. Elliott, Series Editor).
Boulder, CO: Center for the Study and Prevention of Violence.
fn5 Schaeffer, C.M. & Borduin, C.M. (2005). “Long-Term Follow-Up to a Randomized Clinical Trial of Multisystemic Therapy with Serious and Violent Juvenile
Offenders.” Journal of Consulting and Clinical Psychology, 73(3), 445-453.
fn6 California Department of Finance. (2007). Governor’s budget summary 2007-08. Retrieved on April 23, 2007 from
http://www.ebudget.ca.gov/pdf/BudgetSummary/FullBudgetSummary.pdf; California Department of Finance. (2007). Corrections and rehabilitation. Retrieved on
April 23, 2007 from http://www.ebudget.ca.gov/pdf/GovernorsBudget/5210.pdf.
fn7 California Department of Corrections and Rehabilitation, Corrections Standards Authority. (2009). Juvenile Justice Crime Prevention Act: Annual Report. Retrieved
on January 27, 2009 from http://www.cdcr.ca.gov/Divisions_Boards/CSA/CPP/Grants/JJCPA/Docs/JJCPA_2009_leg_report.pdf.
fn 8 Id.
fn 9 Aos, S., Miller, M. & Drake, E. (2006, October). Evidence-Based Public Policy Options to Reduce Future Prison Construction, Criminal Justice Costs, and Crime
Rates. Olympia, WA: Washington State Institute for Public Policy. Retrieved from http://www.wsipp.wa.gov/.
fn 10 California Department of Finance. (2009). Governor’s budget summary 2009-10. Retrieved July 2009 from http://www.dof.ca.gov/budget/historical/2009-
10/governors/summary/documents/enacted/FullBudgetSummary.pdf.
fn 11 Hennigan, K., Kolnick, K., Poplawski, J., Andrews, A., Ball, N., Cheng, C. & Payne, J. (2007). Juvenile Justice Data Project phase 1: Survey of interventions and
programs: A continuum of graduated responses for juvenile justice in California. County by county appendix. Los Angeles, CA: University of Southern California,
Center for Research on Crime. Retrieved on April 23, 2007 from http://www.cdcr.ca.gov/ReportsResearch/docs/JJDPSurveyFinalReportCountybyCountyAppendix.pdf;
Personal communication with Todd Sosna. (2007, March 24). Todd Sosna is a Senior Associate at the California Institute for Mental Health; Personal communication
with Keller Strother. (2007, February 27). Keller Strother is President of MST Services.

DA to seek stricter policy for parolees---something amiss??

In the public relations rag for Mike Ramos (the Sun Newspaper--this time, though below the front page fold!!), Ramos proposes "to seek tougher penalties for parolees who commit new crimes under a policy to be implemented by the DA's office" because of early release plans by the state due to [the] budgetary crises".

First, was Ramos letting parole violators off or giving them inappropriate sentences before?? If so, he needs to do some answering.

Second, Ramos should do whatever is appropriate, but implementing a determinate sentencing plan is hardly what an office that is already over budget and in desperate need of moving pending case volume down should be doing. The Deputy District Attorneys (DDA) need the flexibility to move cases that should be moved, so they can free up time and resources and litigate the bigger cases.

Third, it almost seems as if Ramos does not trust his DDA's to do what is appropriate? Why does Ramos need to micromanage staff? If you read his soon to be coming out campaign mailers, he will tell you he is the big and bad crime fighter? Why mess with success if true?

Bob Conaway
Candidate for San Bernardino County District Attorney

The Death Penalty...Can we afford it??

To get an idea how big the death penalty business is, were the Governor to convert all 700 death sentences in California to permanent imprisonment, it would save the state $1 billion over the next five years and we would not have to build another $400,000 in new death row housing--maybe we could spend it on schools?? Hiring more DA support staff? How about budgeting better raises?? What says ya'll??

It’s not just the practice of the death penalty that is being undermined; it’s the theory as well. The American Law Institute — the brain trust of the legal community — withdrew its support for the death penalty, finding, among other things, that it “is plagued by racial disparities; is enormously expensive even as many defense lawyers are underpaid and some are incompetent; risks executing innocent people; and is undermined by the politics that come with judicial elections.”

But California, oddly enough, has become a rogue state when it comes to death sentencing.

California accounted for 29 of those 106 death sentences in 2009, or 27 percent (more than double California’s share of the total U.S. population). The number is over 700 today. For all the forensic hormones that flow when talking about the death penalty, California has only executed 13 people since 1967. It takes more than 25 years for a case to move through all of the mandatory appeals. All executions have been on hold for four years as a result of legal challenges. We don’t have enough lawyers and judges to handle 700 death sentences. Half the people on death row don’t have an attorney, and the Supreme Court already spends almost one-third of its time on death penalty cases.

The system is simply overwhelmed, overburdened and overdue for change. California’s death penalty process is broken--should a District Attorney continue to pump more death penalty cases in?

Meanwhile, the state is spending hundreds of millions of precious dollars trying to prop the failed system up. Housing for just one person on death row costs $90,000 more per year than housing in the general prison population (itself a hefty $50,000 a year). That means we are now paying an extra $63 million a year for death row housing.

The Governor is right: we need to spend more money on education and less on prisons to bring back the safe, healthy and sustainable California we all dream of. One necessary step is to really look at the cases being approved for death penalty tracking.

Your thoughts??

Bob Conaway-Candidate for San Bernardino County District Attorney

BOB CONAWAY POSITION STATEMENT

1. WE CAN'T AFFORD 4 MORE YEARS OF MIKE RAMOS

Putting aside the $140k spent investigating only one of Ramos' abuse of his position (a married man having an intimate relationship with a County employee he wasn't married to), the $1.5 million civil claim the County will have to defend, Ramos' department is currently running 14% overbudget;

Bob's view: I took the oath to uphold and defend the Constitution and laws of the State of California when I became a lawyer. I considered that oath no less sacred than the oath of marriage and have not, unlike Ramos violated it, nor will I because I am elected and have a position of power over women in the workplace. Unlike Ramos, I have overseen eight figure litigation budgets and reserves and stayed within the employer's budget, accomplished my mission and did not abuse my management position over women (or men) I worked with.

2. BUDGET REFORMS, UNIQUELY IN RAMOS' HANDS, HE WON'T MAKE

A. Ramos should pay half of the $140k investigation costs resulting from his sexual indiscretions with County staff;
B. End politically motivated prosecutions;
C. The DA's office needs to make reforms consistent with the recommendations of the California Commission on the Fair Administration of Justice, including looking at the cost-benefit of opting to pursue life-without-the-possibility-of- parole sentences (as opposed to the death penalty) -- why?? it would reduce selected capital crime case costs in this County over 90% per case;
D. The DA's office needs to get some of its prosecution costs back as part of the sentencing process in those areas our codes/statutes permit;

Bob's view: I would scrutinize the cases in which staff is recommending the death penalty, to see if the budget can support the request; I would rather retain (or hire) a qualified Deputy District attorney and support staff rather than face lay offs to pay for a death penalty prosecution.

3. WITH THE MONEY SAVED, WE COULD HIRE MORE STAFF & STAFF ENFORCEMENT UNITS THAT WE NEED

We need a civil rights unit so violations of Unruh Civil Rights Act,Ralph Act, Bane Act and other rights protected under the Civil, Health & Safety, Election and Government Code are prosecuted when violated.

4. RAMOS' IS UNIQUELY UNQUALIFIED TO HANDLE THE COLONIES INVESTIGATION

Many of the people named as witnesses or defendants in the Colonies "matters", are former political allies--people who he sought endorsement from & gave his endorsement to. His allies fleeced the County under his nose. Putting all that as an aside, he asks for a waiver of attorney client communications AFTER naming the various entities in a felony complaint. Why wasn't he using the power of his office to get the records two years ago? This mother-may-I (and closing the barn door after the cow left town) approach shows either a raw level of unsophistication or a fear of the players--neither scenario is good for those of us that want the corrupt players and conduct identified and the innocent exonerated.

BOARD OF SUPERVISORS WAGGING THE RAMOS??

PRESS RELEASE - FOR IMMEDIATE RELEASE (March 24, 2010)

BOB CONAWAY's PRESS RELEASE - FOR IMMEDIATE RELEASE -- RAMOS's NEEDS TO QUIT RUNNING TO THE AG's OFFICE FOR HELP ON WHAT HE SHOULD KNOW HIS OPTIONS ARE IN THE COLONIES CASE & GET THE RECORDS

(1) Evidence Code §956 takes the privilege away where the attorney's services were sought "to enable or aide anyone"(client or third person) in the commission of a crime OR fraud" People v Clark(1990) 50 C3d583,621--remarkably one case even says the "client's mere attempt to defraud or perpetrate a crime by seeking to enlist counsel's services is enough to defeat the attorney client privilege" BP Alaska Exploration, Inc v Superior Court(1988( 199 CA3d 1240,1262-1263; (2) wasn't Jim Brulte a part of the negotiation team at mediation? He certainly was not a party to the settlement process and he did not represent anyone as a lawyer--if he was there, the privilege was waived to the extent of communications he heard and or participated in; (3) there is no mediation privilege--only a law stating the parties can agree to mediation confidentiality. California Evidence Code Section 1119 protects two kinds of evidence from discovery and admissibility. First, anything that was said or any admission that was made for the purpose of, in the course of, or pursuant to a mediation or a “mediation consultation” is protected. Second, any “writing” (as defined in Section 250) “that is prepared for the purpose of, in the course of, or pursuant to, a mediation or a mediation consultation” is also protected. Evidence such as photographs, written statements, and consultants’ reports can be very persuasive in mediation, and Section 250 defines the term “writings” in such a way as to include all of those things. (See Rojas v. Superior Court (2004) 33 Cal. 4th 407.). Offering a bribe or a performance (or discussing such a bribe or performance--e.g. contributing money to campaigns) is outside the matters before the mediator.

Mike, go get the records!

MIKE RAMOS & BAD CHECKS??

PRESS RELEASE - FOR IMMEDIATE RELEASE (March 23, 2010)

BOB CONAWAY's PRESS RELEASE - FOR IMMEDIATE RELEASE -- RAMOS's LETTERHEAD USED BY ACCS TO FALSELY THREATEN PEOPLE in DISTRICT ATTORNEY's BAD CHECK RESTITUTION PROGRAM??

In a class action filed in federal court in San Jose California (del Campo v ACCS, Civ Case No. 01-21151), the letterhead of various County District Attorneys were used by ACCS (American Corrective Counseling Services) from December 12, 2000 and November 10, 2004 to threaten to prosecute consumers who had written the allegedly bad checks, unless they paid and attended a "diversion class"--at least one class member has been given notice that they may have been victims in this County. The principals of ACCS, Don Mealing and Lynn Hasney are named in the civil action. For more information on the class action got "checkwritersclassaction.com" or call 1-800-418-3060.

Bob Conaway, candidate for the County District Attorney job urges Mike Ramos to condemn ACCS's actions and open an investigation into the extent of the wrongdoing in San Bernardino County and to determine if false and unlawful threats were made using the shield logo of the District Attorney's office.

BOB CONAWAY for DISTRICT ATTORNEY

Mike Ramos' threats, intimidation and bias-Chapter VI

The Sun put its article announcing my candidacy in the sports section--everyone else got the typical placement. When someone runs for office because they believe they can make a difference, it's not a game, unless I guess you are Joe Nelson and the Sun.

By the way, did you see hachet job by Ramos' campaign consultant carried by the Sun in the article on March 12th: "Ellis said Stout's allegations are like the pot calling the kettle black, alluding to a 2002 controversy Stout had been ensnared in. Stout and two of his top lieutenants were accused of leaking confidential information related to an investigation into former Supervisor Jerry Eaves to Ed Scott, Eaves' political opponent in the 2000 election. Transcripts of conversations between Scott and two of Stout's top managers were made public in 2002, when Stout was running against Ramos for District Attorney. Stout withdrew from the race after Ramos outperformed him in the primary. Dennis Stout made the right decision for his family and his career not to run against Mike Ramos, Ellis said"--First, is Ramos' campaign manager admitting his boss is guilty of the same type of wrongdoing (BINGO--need to pin that one down Joe, rather than let Ellis babble); Second, I guess I can expect my run against Ramos will trigger a smear campaign like what Stout experienced--not an unlikely outcome when Ellis and Ramos have Joe Nelson of the Sun and the public employee union in their back pocket. Who would have thought organized labor could countenance such intimidation and in-you-face bias. Stout, who isn't running and has no bone in this fight stated he couldn't "threaten the contributors of my opponents with criminal investigations" or "arrest people who are presumed to be innocent under our laws." That Stout's fear of Ramos' net may not be imagined is the piece to investigate. Serve the public Joe. Investigate the dude laying down the threats!! Bob Conaway

Chapter V- "Got Corruption?"

Yesterday evening I promised a community leader that I would drop in on the "Patriot Forum" in Barstow--it was a lively bunch with a lot of concerns about the direction our nation is taking. I bought one of their bumper stickers which reads "Got Corruption?" (thepatriotforum.org)--I couldn't resist. I am sure I will drop in again. Seeing the lively discussions, the disagreements, the struggles of people that may not be so like-minded to find common ground, is what I believe America is all about. Can Mike Ramos and Bob Conaway ever find such common ground or will Mike hide behind his layers of consultants and special interest contributions? Anyone want to take a side bet on that? Bob Conaway

Chapter IV - Another Battle for Ramos

The County of San Bernardino Board of Supervisors issued a conditional use permit on the Nursery Products sludge-to-compost project outside of Hinkley & Barstow in 2007, conditioned on a number of items being done--one of which was the use of a liner equal to the most stringent liner used in County landfills, which involves a thick hardened clay membrane that will not leak; the permit pursued by Nursery Products and approved by the Lahontan Regional Water Quality Control Board last night (March 10, 2010), will allow compacted native soil under the sludge-to-compost operation (which will leak). The challenge now for our District Attorney, is to make the permittee (which is Nursery Products) live up to the conditional use permit conditions imposed by the County Board of Supervisors should the final green light be given by the Courts and the Board to the project. Will Mike Ramos commit to protecting the public health and safety or will he let special interests direct his office to inaction again? I will, if elected to the office of San Bernardino County District Attorney, put the resources of the County District Attorney's office into enforcing any and all safety conditions and or requirements imposed by the County Board of Supervisors and state law/rules/regulations on Nursery Products. Our public health and safety demand no less. In fact taking it one step further, I would create an environmental watchdog unit to improve oversight over these projects. Bob Conaway

Chapter III- Ramos misses the environmental justice issues

I attended a Nursery Products planning meeting in Hinkley last night and will be attending a Lahonton Regional Water Quality Board meeting tonight in Victorville on proposed regulations. Where's the DA's office on the Nursery Products application process? Nursery Products is a company with managing member(s) with little to no assets, who through the LLC structure are spending middle to high six figures in legal fees fighting community groups in the High Desert that do not want sludge from outside the community dumped in our desert for the stated purpose of developing commercial grade compost, without requiring the company to properly cover and biofilter the operations like they do in Los Angeles County; Ramos should be weighing in and requiring for environmental justice reasons that San Bernardino County residents be given the same level of air and water quality protection that Los Angeles County residents have when it comes to composting operations--which includes covering the operations and biofiltering the gases and particles coming from the operations. That this process is going forward despite two court defeats for the proponents of the project, is a testament to the corrupting influence of money on the Board of Supervisors. On one of the appeals to the Board of Supervisor, Josie Gonzales took money from Nursery Products BEFORE she voted FOR the project. How many others took money before critical votes needs to be looked into. Another area of public concern and environmental justice being ignored by Ramos......and is another reason I am running for DA.

You Gotta Love the Sun's "LAWYER TO RUN AGAINST RAMOS " piece-Chapter II

If you ever had a doubt about the symbiotic relationship between the Sun and Ramos, it should be resolved with the Sun's front pager "Lawyer to run against Ramos". Joe Nelson called me the evening before to pick a fight--when I did not grab the bait, he runs a piece that focuses on offices I ran for--like that means anything in this County. Postmus never lost an election.

Chapter I - why a run for District Attorney

The County of San Bernardino is reeling from corruption, rumors of corruption and the question of who may be next--all true--but that is not the reason for my run. I have heard from some in law enforcement that they are angered by the refusal of the DA's office to file on cases they have worked on and by having to re-arrest the same violators over and over again. I have heard from trained and reputable professionals who went to the DA's office with evidence of ongoing (post-Postmus) problems with the assessor's office and being told they weren't interested. I see what is under prosecution and minimal efforts at pursuing all necessary and appropriate remedies against those that have finally, after the attorney general's office became involved, been charged. I see a DA's office that is stringing out the investigation and prosecution process so it can be used as press release fodder in his re-election bid, while gambling that the delay will not cause certain claims to be lost by the running of the statute of limitations and or memory loss (and or document spoliation) problems. Where was the DA's office when the Colonies deal went down? The DA's office needs to look at revenue capture opportunities, start an effective community relations program to hear the community's grievances, create a credible and effective civil rights protection unit for both internal and external grievances. Re-electing someone who sought the endorsement of the indicted, broke bread with the indicted, took money from some of the same folks the indicted did does not build confidence in the process nor heal our County. I welcome participating in a series of televised public debates and signing a FPPC 470 form (which would cap fund raising to $1,000)-- I would suggest using the League of Women Voter's moderator format--what says you Mike? Bob Conaway, Candidate for San Bernardino County District Attorney