In this election cycle, I pass on one of my favorite quotes

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"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

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.

My Comment to the "Rex Gutierrez trial to resume" article posted on the Sun's "TOPIX Reader Comment" was removed!

Looks like the Sun's Joe Nelson is in the business of covering up for the DA's office again--opps--I copied the comment on my blog (since updated).

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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The AG's Office is involved in a $1,100 case involving a San Bernardino Employee??

The San Bernardino Sun's article's banner:

"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.

WHAT's RAMOS DOING ABOUT MORTGAGE FRAUD-- [updated 1/7/2011]

With reports of home prices dropping and foreclosures seemingly unabated by the bailout strategies directed at the failing/weakened banks (notwithstanding the recent announcement on a freeze by one lender and some conflicting thoughts in Congress on what to do, when, how, etc), I sense a real need to better educate consumers on the things to look for should a consumer think or sense they may have been victims of lender fraud.

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.

Stringer Resigns........who else........will the State Have to Take Over Essential Functions of County Government??

San Bernardino County Counsel Ruth Stringer just resigned-- a posh $230,000 per year (plus a benefit package worth another $50,000 or so) job that outsourced anything tougher than a code enforcement case against the elderly (so it seemed to this writer at times). A lot of activity around the County these days perhaps over the Colonies memos? I wonder who is next in this. We have had the County Assessor resign, the County Sheriff resign, the County Counsel resign and many many more turning their letters of resignation -- early retirements have added to the numbers. Rumors of the fed's interest in certain county operations leaves one with the thought--who was watching the watchers?

The Homeless,People Charged but not Convicted,Probationers,Former Parolees Can Register & Vote!!

At the California Secretary of State's website (www.sos.ca.gov), a "flyer" ["My Vote: A Voting Guide for Currently or Formerly Incarcerated Californians"] says
(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.

Attorney General Candidates Express Starkly Different Views About CA Justice System at Debate | California Progress Report

Attorney General Candidates Express Starkly Different Views About CA Justice System at Debate | California Progress Report

DA's are out executing more search warrants today and other unrelated fun stuff???

(1) Today special units are in the pull over shirts with DA logos, uniform slacks and a healthy share of dust-type dirt all over them--wonder whose storage they've been crawling in and out of today!
(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.

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!

CHC Chairman Joe Baca (D-CA) 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?

Ramos Probe of the Republican Central Committee, Rex Guttierrez Retrial,Reforms

Some helpful suggestions from a former and current political committee treasurer:

(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???