Thursday, December 22, 2011
COURT BUDGETS BEING CUT AGAIN......
The Courts have been requested to cut another 10% from their budget. In Los Angeles County nine criminal courtrooms in the CCB are due to be closed in '12. So much for Fast Track & Speedy Trial. . .
Tuesday, December 13, 2011
Suspending habeas corpus and enacting martial law?
Under NDAA Section 1031, permits American citizen imprisonment without evidence or trial. The bill that passed Congress absolutely DOES NOT exempt citizens. The text of Section 1031 reads, "A covered person under this section" includes "any person who has committed a belligerent act". We only have to be ACCUSED, because we don't get a trial.
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An interesting article that may be worth a read on the subject: Journal Inquirer Archives Chris Powell Suspend habeas corpus and enact martial law?
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An interesting video on the same subject: Obama Watch Obama strips language shielding Americans from bill
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4 Retired Four Star USMC Generals say the bill is a bad idea [http://www.nytimes.com/2011/12/13/opinion/guantanamo-forever.html?_r=1&ref=todayspaper]
Why??
(1)The bill would authorize the military to indefinitely detain without charge people suspected of involvement with terrorism, including United States citizens apprehended on American soil. Current law allows the military to detain people caught on the battlefield, but this provision would extend the battlefield to include US soil.
(2) The bill would require military custody for most terrorism suspects. It would force on our military responsibilities they did not seek. With such a move, why would we need the F.B.I. and local law enforcement efforts in domestic counter terrorism, which gives incentives for suspects to cooperate (e.g. better sentencing terms);
(3) Mandatory military custody may eliminate the role of federal courts in terrorism cases, where the convictions have been higher. In federal courts over 400 have been convicted. By using untested military commissions, only 6 people were convicted on terror-related charges;
(4) The bill would further extend a ban on transfers from Guantánamo, ensuring that this morally and financially expensive symbol of detainee abuse will remain open well into the future, which can only bolster Al Qaeda’s recruiting efforts.
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Blogger Bob's comment: After all these years, why is this now getting traction? It passed the Senate 93-7 !! Is there a threat level are we not being told about ?? Or is this a power grab to create power to punish peaceful opposition. You'd think there would be an effort to allay that concern, yet there seems to be no such effort--could it be precisely what the civil libertarians are saying it is (going to be used for)?
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An interesting article that may be worth a read on the subject: Journal Inquirer Archives Chris Powell Suspend habeas corpus and enact martial law?
..
An interesting video on the same subject: Obama Watch Obama strips language shielding Americans from bill
..
4 Retired Four Star USMC Generals say the bill is a bad idea [http://www.nytimes.com/2011/12/13/opinion/guantanamo-forever.html?_r=1&ref=todayspaper]
Why??
(1)The bill would authorize the military to indefinitely detain without charge people suspected of involvement with terrorism, including United States citizens apprehended on American soil. Current law allows the military to detain people caught on the battlefield, but this provision would extend the battlefield to include US soil.
(2) The bill would require military custody for most terrorism suspects. It would force on our military responsibilities they did not seek. With such a move, why would we need the F.B.I. and local law enforcement efforts in domestic counter terrorism, which gives incentives for suspects to cooperate (e.g. better sentencing terms);
(3) Mandatory military custody may eliminate the role of federal courts in terrorism cases, where the convictions have been higher. In federal courts over 400 have been convicted. By using untested military commissions, only 6 people were convicted on terror-related charges;
(4) The bill would further extend a ban on transfers from Guantánamo, ensuring that this morally and financially expensive symbol of detainee abuse will remain open well into the future, which can only bolster Al Qaeda’s recruiting efforts.
..
Blogger Bob's comment: After all these years, why is this now getting traction? It passed the Senate 93-7 !! Is there a threat level are we not being told about ?? Or is this a power grab to create power to punish peaceful opposition. You'd think there would be an effort to allay that concern, yet there seems to be no such effort--could it be precisely what the civil libertarians are saying it is (going to be used for)?
JAIL TIME FOR NOT PAYING BILLS..How it can happen.....
....NPR features a news piece that shows how aggressive collectors have become using assignment practices, questionable service and notice procedures [See: http://www.npr.org/2011/12/12/143274773/unpaid-bills-land-some-debtors-behind-bars].
....Although debtors' prisons are illegal across the country, a Wall Street Journal study found that more than a third of all states in the U.S. allow borrowers who can't or won't pay to be jailed — including those states where debtors' prisons are explicitly prohibited by state constitutions.
....A report by the American Civil Liberties Union found that people were imprisoned even when the cost of doing so exceeded the sum total of the debt they owed. In the city of New Orleans, for example, the sheriff pays $22.39 per day for each detainee held in the Orleans Parish Prison. Sean Matthews, a homeless construction worker, was incarcerated for five months for $498 of legal debt in 2009. Matthews' jail time cost the city $3,201.77 — more than six times the amount he owed -- I guess that is one way to justify building or buying more jail space!
....I have personally seen assignments of debt that can't be proven, gutter service and sham prove-up proceedings--which require between first appearance and motion fees and minimum attorney fee time, between $1,500 and $2,000, with little or no recourse except to try and vacate the judgment and set the case, if successful for trial, which involves further time and expense.
....Although debtors' prisons are illegal across the country, a Wall Street Journal study found that more than a third of all states in the U.S. allow borrowers who can't or won't pay to be jailed — including those states where debtors' prisons are explicitly prohibited by state constitutions.
....A report by the American Civil Liberties Union found that people were imprisoned even when the cost of doing so exceeded the sum total of the debt they owed. In the city of New Orleans, for example, the sheriff pays $22.39 per day for each detainee held in the Orleans Parish Prison. Sean Matthews, a homeless construction worker, was incarcerated for five months for $498 of legal debt in 2009. Matthews' jail time cost the city $3,201.77 — more than six times the amount he owed -- I guess that is one way to justify building or buying more jail space!
....I have personally seen assignments of debt that can't be proven, gutter service and sham prove-up proceedings--which require between first appearance and motion fees and minimum attorney fee time, between $1,500 and $2,000, with little or no recourse except to try and vacate the judgment and set the case, if successful for trial, which involves further time and expense.
Wednesday, December 7, 2011
Virginia Court of Appeal Exonerates Man Behind Bars for 4 Rapes he did Not Commit on DNA Evidence
Yesterday, a Virginia appeals court declared Thomas Haynesworth an innocent man Tuesday, clearing his name and acknowledging that he spent 27 years behind bars for rapes he did not commit.
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The case shows how far Virginia has come in allowing convicts to argue their innocence. Historically, prisoners were barred from introducing new evidence more than three weeks after sentencing, and in the 1990s, then-Attorney General Mary Sue Terry (D) famously said, “Evidence of innocence is irrelevant.”
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When DNA testing resulted in hundreds of exonerations nationwide, it prompted Virginia lawmakers to open the door for courts to reconsider guilt based first on genetic evidence and later on other evidence, such as recanted testimony, fingerprints or ballistics. Remarkably, after the DNA evidence was presented, Haynesworth's lawyers had to fight off nine months of pleadings from the prosecutors. Nine extra months in prison. That’s Virginia justice?
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See: http://www.washingtonpost.com/local/thomas-haynesworth-exonerated-in-rape-case-after-27-years-in-prison/2011/12/06/gIQAua5yaO_story.html?tid=pm_pop
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The case shows how far Virginia has come in allowing convicts to argue their innocence. Historically, prisoners were barred from introducing new evidence more than three weeks after sentencing, and in the 1990s, then-Attorney General Mary Sue Terry (D) famously said, “Evidence of innocence is irrelevant.”
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When DNA testing resulted in hundreds of exonerations nationwide, it prompted Virginia lawmakers to open the door for courts to reconsider guilt based first on genetic evidence and later on other evidence, such as recanted testimony, fingerprints or ballistics. Remarkably, after the DNA evidence was presented, Haynesworth's lawyers had to fight off nine months of pleadings from the prosecutors. Nine extra months in prison. That’s Virginia justice?
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See: http://www.washingtonpost.com/local/thomas-haynesworth-exonerated-in-rape-case-after-27-years-in-prison/2011/12/06/gIQAua5yaO_story.html?tid=pm_pop
One Third of Countrywide Loans Were Fraudulent? [CBS Report suggests so...so why no prosecution of loan officers by Mike Ramos or Kamala Harris yet??]
3 years ago our economy almost collapsed due to the mortgage crises created by lenders or professionals involved in the lending process, yet no loan officers, Wall Street execs nor financial firms have been prosecuted federally, per a CBS report that can be viewed at:
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[http://www.cbsnews.com/video/watch/?id=7390540n&tag=contentMain;cbsCarousel].
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I see where there is some indication that California's Attorney General Kamala Harris ["California and Nevada join forces in mortgage probe," Alejandro Lazo, Los Angeles Times, Dec. 7, 2011] is joining in an effort being made by the Nevada Attorney General--a positive step.
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[http://www.cbsnews.com/video/watch/?id=7390540n&tag=contentMain;cbsCarousel].
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I see where there is some indication that California's Attorney General Kamala Harris ["California and Nevada join forces in mortgage probe," Alejandro Lazo, Los Angeles Times, Dec. 7, 2011] is joining in an effort being made by the Nevada Attorney General--a positive step.
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Friday, December 2, 2011
On Mike Ramos, San Bernardino County District Attorney--is Mike Ramos being Shielded by the California Department of Justice's Kamala Harris??
Go to SBCSentinel@yahoo.com for December 2, 2011 and look at the long article on San Bernardino County District Attorney Mike Ramos--remarkable collection of potential issues with this guy. I am glad someone appears to be keeping tabs.
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This blogger has always been amazed at how County Supervisor Derry, who made a $5,000 omission in a campaign report, is charged with a felony in a re-election year.
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District Attorney Mike Ramos does not prosecute (nor does the State Department of Justice), his republican ally First District County Supervisor Brad Mitzelfelt, who was caught misrepresenting the source of significant contributions by the FPPC and only had to submit an amended report,
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District Attorney Mike Ramos reportedly failed to report a payment (to his wife) of twice the amount Derry get indicted for (in his "700 Form") and suffered no penalty.
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District Attorney Mike Ramos in the last election cycle where he barely staved off a run off, failed to report credit card payments for campaign purposes in his FPPC report (and even though this is one of many violations, a modest campaign fine was proposed by the FPPC).
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Biane screws up once and gets hammered, while Ramos & his buds skate it seems.
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Ramos was some co-chair of one of Arnold Swartzennegger's re-election campaign committees--he ran (and arguably still does run) a political machine with connections all the way to Sacramento (e.g. the FPPC, having a democratic attorney general running for governor attend one of Ramos' fund raisers in a race where a democratic candidate had been endorsed over incumbent district attorney Mike Ramos, the Fair Political Practices Commission and from the San Bernardino Sentinel article, it seems the California Department of Justice--how else could he repeatedly go unprosecuted for failing to go after allies breaking the law??)
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Does anyone think Postmus was the only power broker?
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This blogger has always been amazed at how County Supervisor Derry, who made a $5,000 omission in a campaign report, is charged with a felony in a re-election year.
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District Attorney Mike Ramos does not prosecute (nor does the State Department of Justice), his republican ally First District County Supervisor Brad Mitzelfelt, who was caught misrepresenting the source of significant contributions by the FPPC and only had to submit an amended report,
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District Attorney Mike Ramos reportedly failed to report a payment (to his wife) of twice the amount Derry get indicted for (in his "700 Form") and suffered no penalty.
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District Attorney Mike Ramos in the last election cycle where he barely staved off a run off, failed to report credit card payments for campaign purposes in his FPPC report (and even though this is one of many violations, a modest campaign fine was proposed by the FPPC).
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Biane screws up once and gets hammered, while Ramos & his buds skate it seems.
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Ramos was some co-chair of one of Arnold Swartzennegger's re-election campaign committees--he ran (and arguably still does run) a political machine with connections all the way to Sacramento (e.g. the FPPC, having a democratic attorney general running for governor attend one of Ramos' fund raisers in a race where a democratic candidate had been endorsed over incumbent district attorney Mike Ramos, the Fair Political Practices Commission and from the San Bernardino Sentinel article, it seems the California Department of Justice--how else could he repeatedly go unprosecuted for failing to go after allies breaking the law??)
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Does anyone think Postmus was the only power broker?
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Wednesday, November 30, 2011
Mercury News editorial: State must fix three strikes law - San Jose Mercury News
Mercury News editorial: State must fix three strikes law - San Jose Mercury News
Blogger Bob's comment: As we struggle to pay the price for incarceration in California (and now in San Bernardino County), the local costs of more prisoners being released early due to overcrowding, maybe we need to start the dialogue [and trim the demagoguery]. Stanford University's Three Strikes Project, led by law professor Michael Romano, is trying to get on the ballot an initiative for the November 2012 ballot [whether the proposition sews the seeds of its own demise remains to be seen and how it may drive tough-on-crime voters to the polls that might not otherwise come out this year may be a concern to some]. The Three Strikes Project's stated aim is to apply the law to only serious or violent third offenders which would save money and steer the law closer to what voters intended back in 1994. The three strikes law has been used by some district attorneys to give life sentences to about 4,000 inmates who committed nonviolent crimes. The price? Per a 2010 state report, the total cost of applying the Three Strikes Law at nearly $20 billion, or roughly $35,000 a year per inmate. No one need go further than San Bernardino County DA's [Mike Ramos] traveling road show video that measures departmental success based on the number of years people are incarcerated--its like the phony assurances the US Defense Department tried to give the public during the Vietnam conflict when body counts were used to try and measure success. We should be talking about policies which improve public safety. Does incarcerating non violent offenders always make us safer. Why can't we do house arrest for convicted felons like Ramos did for the San Manual character convicted of attempted murder--opps I forgot, his Tribe were amongst Mike Ramos' supporters?
Blogger Bob's comment: As we struggle to pay the price for incarceration in California (and now in San Bernardino County), the local costs of more prisoners being released early due to overcrowding, maybe we need to start the dialogue [and trim the demagoguery]. Stanford University's Three Strikes Project, led by law professor Michael Romano, is trying to get on the ballot an initiative for the November 2012 ballot [whether the proposition sews the seeds of its own demise remains to be seen and how it may drive tough-on-crime voters to the polls that might not otherwise come out this year may be a concern to some]. The Three Strikes Project's stated aim is to apply the law to only serious or violent third offenders which would save money and steer the law closer to what voters intended back in 1994. The three strikes law has been used by some district attorneys to give life sentences to about 4,000 inmates who committed nonviolent crimes. The price? Per a 2010 state report, the total cost of applying the Three Strikes Law at nearly $20 billion, or roughly $35,000 a year per inmate. No one need go further than San Bernardino County DA's [Mike Ramos] traveling road show video that measures departmental success based on the number of years people are incarcerated--its like the phony assurances the US Defense Department tried to give the public during the Vietnam conflict when body counts were used to try and measure success. We should be talking about policies which improve public safety. Does incarcerating non violent offenders always make us safer. Why can't we do house arrest for convicted felons like Ramos did for the San Manual character convicted of attempted murder--opps I forgot, his Tribe were amongst Mike Ramos' supporters?
Friday, November 18, 2011
REDFLEX CAMERAS--MORE NEWS
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(1) In an article found at www.thenewspaper.com/news/36/3642.asp, it is reported that Reflex lost market share, gave their spokesperson a bonus and promised to "avoid ballot initiatives" by blocking voter access to the ballot and "create positive environment for renewals and expansion" by increasing the use of front groups to support automated ticketing machines"--wow, the Aussies want to screw with our electoral process over red light enforcement cameras?
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(2) In Vista, California, a judge threw out a Redflex camera system based citation where the defense lawyer alleged that "unsupervised civilians access to private DMV information was a violation of 21455.5 because that section does NOT authorize such disclosure"--keep notes folks!!
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Blogger Bob's comments: I won a case in a superior court appellate department on more traditional foundation and hearsay grounds (People v John Macias). I also argued in my briefing the DMV issue but got no where with the three judge panel I was in front of (Powell, Kohn and Brisco as I recall). Too bad the constitution is so badly butchered by some judges and we do not have uniform interpretations. On another note, didn't the City of Victorville authorize the unbridled access to DMV records as well and Angeles Valles and Ryan McEachron signed a new contract authorizing that--great people to consider when you vote for your next Congressman!!
(1) In an article found at www.thenewspaper.com/news/36/3642.asp, it is reported that Reflex lost market share, gave their spokesperson a bonus and promised to "avoid ballot initiatives" by blocking voter access to the ballot and "create positive environment for renewals and expansion" by increasing the use of front groups to support automated ticketing machines"--wow, the Aussies want to screw with our electoral process over red light enforcement cameras?
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(2) In Vista, California, a judge threw out a Redflex camera system based citation where the defense lawyer alleged that "unsupervised civilians access to private DMV information was a violation of 21455.5 because that section does NOT authorize such disclosure"--keep notes folks!!
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Blogger Bob's comments: I won a case in a superior court appellate department on more traditional foundation and hearsay grounds (People v John Macias). I also argued in my briefing the DMV issue but got no where with the three judge panel I was in front of (Powell, Kohn and Brisco as I recall). Too bad the constitution is so badly butchered by some judges and we do not have uniform interpretations. On another note, didn't the City of Victorville authorize the unbridled access to DMV records as well and Angeles Valles and Ryan McEachron signed a new contract authorizing that--great people to consider when you vote for your next Congressman!!
Tuesday, November 15, 2011
A New One--to try and get a new trial, plead your sentence was too light?? Only in Cook County!!
An Elgin man who pleaded guilty to murder has won a new trial with an unusual legal argument — that his 30-year prison sentence was too soft.
"Benny Deanda Jr.'s position that his sentence was too lenient is almost unheard-of for obvious reasons, but in this case Deanda wanted another trial so he could put on a self-defense case for the 2001 slaying, said his court-appointed attorney Levi Harris.
"Ninety-nine out of 100 times, it would be inadvisable to do it," said Harris, an assistant defender with the state appellate defender's office. "Here, he wanted another shot (at a trial)."
Deanda, 26, now faces up to life in prison if he's found guilty at trial. Harris said his client is aware his sentence could more than double".
Chicago Tribune article link: Convicted murderer wins new trial by arguing sentence too light
"Benny Deanda Jr.'s position that his sentence was too lenient is almost unheard-of for obvious reasons, but in this case Deanda wanted another trial so he could put on a self-defense case for the 2001 slaying, said his court-appointed attorney Levi Harris.
"Ninety-nine out of 100 times, it would be inadvisable to do it," said Harris, an assistant defender with the state appellate defender's office. "Here, he wanted another shot (at a trial)."
Deanda, 26, now faces up to life in prison if he's found guilty at trial. Harris said his client is aware his sentence could more than double".
Chicago Tribune article link: Convicted murderer wins new trial by arguing sentence too light
Friday, November 11, 2011
WHY ISN'T RAMOS INVESTIGATING NURSERY PRODUCTS & the COUNTY OFFICIALS INVOLVED??
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Nursery Products (the proponent of the sludge-to-agricultural-grade-composting operation) argues in a declaration filed in Case No. BCVBS 09950 they cannot pay their legal obligations to the Center for Biological Diversity [an attorney fee judgment (reduced to a settlement agreement) arising from the CEQA (California Environmental Quality Act) litigation involving the sludge to agricultural grade compost operation they want to put upwind from Hinkley and Barstow].
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There is apparently a judgment debtor exam scheduled--that should be interesting!!
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The issues as Blogger Bob sees it ???
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1. Why did the County approve this apparently undercapitalized operation dealing with waste products? [if there is a spill or a release of contaminants, they don't have apparently the money, so did they lie in their application to the county, not that Mitzelfelt who told the Sun he wanted to find Nursery Products a location in Hinkley after they got booted out of Adelanto, would care??]
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2. Who is paying for their lawyers to constantly fight this? [since paying legal fees is not what their business lender (reference to a "Small Business Association" loan)can pay--who are the shadowy characters behind this? Isn't it illegal to use surrogates in the permit application process where public health and safety issues are involved and financial capacity is a major issue??
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3. Who is really behind this sludge dumping operation? Someone has to have paid for the multiple sets of lawyers hired and if the HelpHinkley.org and Center for Biological Diversity lawyers' fees were roughly $400,000 for one set of lawyers, who is paying Nursery Products' three sets of lawyers (fees could be in the millions)??
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4. Who on the Board of Supervisors has taken campaign contributions from Meberg, Nursery Products or their lawyers in exchange for their votes (Supervisor Rutherford voted to approve Nursery Products' conditional use permit admitting she had not read the application package or the oppositions to it, so maybe she is just stupid and thinks its ok to require sludge to composting operations to be covered and biofiltered in her part of the court, but not for the High Desert)?
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5. If Nursery Products can't pay their legal bills now, is it a stretch to imagine they can ever run this right!
Nursery Products (the proponent of the sludge-to-agricultural-grade-composting operation) argues in a declaration filed in Case No. BCVBS 09950 they cannot pay their legal obligations to the Center for Biological Diversity [an attorney fee judgment (reduced to a settlement agreement) arising from the CEQA (California Environmental Quality Act) litigation involving the sludge to agricultural grade compost operation they want to put upwind from Hinkley and Barstow].
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There is apparently a judgment debtor exam scheduled--that should be interesting!!
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The issues as Blogger Bob sees it ???
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1. Why did the County approve this apparently undercapitalized operation dealing with waste products? [if there is a spill or a release of contaminants, they don't have apparently the money, so did they lie in their application to the county, not that Mitzelfelt who told the Sun he wanted to find Nursery Products a location in Hinkley after they got booted out of Adelanto, would care??]
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2. Who is paying for their lawyers to constantly fight this? [since paying legal fees is not what their business lender (reference to a "Small Business Association" loan)can pay--who are the shadowy characters behind this? Isn't it illegal to use surrogates in the permit application process where public health and safety issues are involved and financial capacity is a major issue??
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3. Who is really behind this sludge dumping operation? Someone has to have paid for the multiple sets of lawyers hired and if the HelpHinkley.org and Center for Biological Diversity lawyers' fees were roughly $400,000 for one set of lawyers, who is paying Nursery Products' three sets of lawyers (fees could be in the millions)??
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4. Who on the Board of Supervisors has taken campaign contributions from Meberg, Nursery Products or their lawyers in exchange for their votes (Supervisor Rutherford voted to approve Nursery Products' conditional use permit admitting she had not read the application package or the oppositions to it, so maybe she is just stupid and thinks its ok to require sludge to composting operations to be covered and biofiltered in her part of the court, but not for the High Desert)?
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5. If Nursery Products can't pay their legal bills now, is it a stretch to imagine they can ever run this right!
JUDICIAL ABUSE in GEORGIA...An Interesting Read
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In Georgia, the Chief Judge of the Brunswick Judicial Circuit is being prosecuted for some incredible abuses of power.
Chief Superior Court Judge Amanda F. Williams was charged late Wednesday with "willful misconduct in office" and "tyrannical partiality."
Williams was charged in a 31-page "notice" with 12 counts alleging that Williams violated judicial canons by jailing defendants indefinitely and then lying to cover up her practice to the oversight commission about the practice.
The oversight commission's notice also accused Williams of improperly allowing members of her family to litigate cases in front of her, allowing her social and political relationships to influence her judicial conduct, and improperly endorsing a local candidate for district attorney.
The charges claim Williams issued ex parte orders on substantive legal matters without the knowledge or input of all parties involved in disputes, held hearings in chambers without a court reporter present, improperly jailed people who appeared before her, demonstrated an open bias against defendants and used "rude, abusive and insulting language" in court.
Sanctions—which would be handed down by the Georgia Supreme Court based on the recommendation of the judicial commission panel could range from a public reprimand to removal from the bench.
The breaking story can be found at
http://www.dailyreportonline.com/Editorial/News/singleEdit.asp?l=101319912111
[the DailyReportOnLine.com for Nov 11, 2011 & the Staff Reporter at DailyReportOnLine.com is R. Robin McDonald would can be reached at rmcdonald@alm.com]
Blogger Bob's comment: The article and case is worthy of a read and follow-up; as to the incarceration orders, where were the public defenders? As to the civil abuses, where are the legal aide folks? Endorsing a District Attorney in a race---mmh, that does not happen here when judges in San Bernardino County attend fund raisers for an incumbent? Does it?
In Georgia, the Chief Judge of the Brunswick Judicial Circuit is being prosecuted for some incredible abuses of power.
Chief Superior Court Judge Amanda F. Williams was charged late Wednesday with "willful misconduct in office" and "tyrannical partiality."
Williams was charged in a 31-page "notice" with 12 counts alleging that Williams violated judicial canons by jailing defendants indefinitely and then lying to cover up her practice to the oversight commission about the practice.
The oversight commission's notice also accused Williams of improperly allowing members of her family to litigate cases in front of her, allowing her social and political relationships to influence her judicial conduct, and improperly endorsing a local candidate for district attorney.
The charges claim Williams issued ex parte orders on substantive legal matters without the knowledge or input of all parties involved in disputes, held hearings in chambers without a court reporter present, improperly jailed people who appeared before her, demonstrated an open bias against defendants and used "rude, abusive and insulting language" in court.
Sanctions—which would be handed down by the Georgia Supreme Court based on the recommendation of the judicial commission panel could range from a public reprimand to removal from the bench.
The breaking story can be found at
http://www.dailyreportonline.com/Editorial/News/singleEdit.asp?l=101319912111
[the DailyReportOnLine.com for Nov 11, 2011 & the Staff Reporter at DailyReportOnLine.com is R. Robin McDonald would can be reached at rmcdonald@alm.com]
Blogger Bob's comment: The article and case is worthy of a read and follow-up; as to the incarceration orders, where were the public defenders? As to the civil abuses, where are the legal aide folks? Endorsing a District Attorney in a race---mmh, that does not happen here when judges in San Bernardino County attend fund raisers for an incumbent? Does it?
Thursday, November 10, 2011
America’s Grand Jury System: A Blueprint for Reform
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A press release by the National Association of Criminal Defense Lawyers announced the release of a report suggesting some reforms for the grand jury system (in particular New York and Colorado). An interesting read with links for follow-up:
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"America’s Grand Jury System: A Blueprint for Reform
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Washington, DC (November 10, 2011) – National Association of Criminal Defense Lawyers ("NACDL") today releases a groundbreaking new report on restoring and reforming the grand jury system-- Evaluating Grand Jury Reform in Two States: The Case for Reform. This research reflects an in-depth study of grand jury reform in two states – New York and Colorado. In conducting this study, researchers Erin Crites, Jon Gould and Colleen Shepard of the Center for Justice, Law & Society at George Mason University studied the experiences prosecutors, defense lawyers and retired judges. Four key reforms recommendation emerge from the research: (i) defense representation in the grand jury room, (ii) production of witness transcripts for the defense, (iii) advance notice for witnesses to appear, and (iv) the presentation of exculpatory evidence to the grand jury.
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In order to return the grand jury system to the independent and legitimate function envisioned by the framers of the Constitution, there is much to be learned from the Colorado and New York systems. This report illustrates how reforms such as having a witness’s lawyer in the grand jury room and requiring prosecutors to present exculpatory evidence to the grand jury are viewed by both sides of the courtroom as increasing the accuracy, effectiveness and legitimacy of the grand jury. In addition, as the report’s findings uniformly demonstrate, NACDL’s proposed grand jury reforms have no harmful effects.
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As former Deputy U.S. Attorney General Larry Thompson wrote in the foreword, “For an accusatory process that on its face emphasizes the role of the citizen, the grand jury is a patently un-democratic body…I say this having sought countless indictments before grand juries and having overseen the Justice Department’s work to promulgate uniform rules for federal prosecutions, including grand jury proceedings. Simply put, the federal grand jury exists today, for the most part, as a rubber stamp for prosecutors.”
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NACDL Executive Director Norman L. Reimer explained, “The Fifth Amendment to the U.S. Constitution provides that ‘[n]o person shall be held to answer for a capital or otherwise infamous crime, unless on presentment or indictment by a grand jury.’ Unfortunately, today’s federal grand jury system, and indeed that of many states, bears no resemblance to the independent body familiar to America’s founders.”
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Evaluating Grand Jury Reform in Two States: The Case for Reform marks an important contribution to the public discourse and efforts to reform a broken grand jury system.
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The full report is available here [http://www.nacdl.org/WorkArea/linkit.aspx?LinkIdentifier=id&ItemID=22943]. A podcast message from NACDL Executive Director Norman L. Reimer is available here [http://www.nacdl.org/multimedia/grandjurypodcast.mp3]".
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Also for more information contact: Ivan J. Dominguez @ National Association of Criminal Defense Lawyers 1660 L St., N.W., 12th Fl, Washington, D.C. 20036 * Tel. 202-872-8600 * Fax 202-872-8690 for further information.
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A press release by the National Association of Criminal Defense Lawyers announced the release of a report suggesting some reforms for the grand jury system (in particular New York and Colorado). An interesting read with links for follow-up:
.
"America’s Grand Jury System: A Blueprint for Reform
.
Washington, DC (November 10, 2011) – National Association of Criminal Defense Lawyers ("NACDL") today releases a groundbreaking new report on restoring and reforming the grand jury system-- Evaluating Grand Jury Reform in Two States: The Case for Reform. This research reflects an in-depth study of grand jury reform in two states – New York and Colorado. In conducting this study, researchers Erin Crites, Jon Gould and Colleen Shepard of the Center for Justice, Law & Society at George Mason University studied the experiences prosecutors, defense lawyers and retired judges. Four key reforms recommendation emerge from the research: (i) defense representation in the grand jury room, (ii) production of witness transcripts for the defense, (iii) advance notice for witnesses to appear, and (iv) the presentation of exculpatory evidence to the grand jury.
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In order to return the grand jury system to the independent and legitimate function envisioned by the framers of the Constitution, there is much to be learned from the Colorado and New York systems. This report illustrates how reforms such as having a witness’s lawyer in the grand jury room and requiring prosecutors to present exculpatory evidence to the grand jury are viewed by both sides of the courtroom as increasing the accuracy, effectiveness and legitimacy of the grand jury. In addition, as the report’s findings uniformly demonstrate, NACDL’s proposed grand jury reforms have no harmful effects.
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As former Deputy U.S. Attorney General Larry Thompson wrote in the foreword, “For an accusatory process that on its face emphasizes the role of the citizen, the grand jury is a patently un-democratic body…I say this having sought countless indictments before grand juries and having overseen the Justice Department’s work to promulgate uniform rules for federal prosecutions, including grand jury proceedings. Simply put, the federal grand jury exists today, for the most part, as a rubber stamp for prosecutors.”
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NACDL Executive Director Norman L. Reimer explained, “The Fifth Amendment to the U.S. Constitution provides that ‘[n]o person shall be held to answer for a capital or otherwise infamous crime, unless on presentment or indictment by a grand jury.’ Unfortunately, today’s federal grand jury system, and indeed that of many states, bears no resemblance to the independent body familiar to America’s founders.”
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Evaluating Grand Jury Reform in Two States: The Case for Reform marks an important contribution to the public discourse and efforts to reform a broken grand jury system.
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The full report is available here [http://www.nacdl.org/WorkArea/linkit.aspx?LinkIdentifier=id&ItemID=22943]. A podcast message from NACDL Executive Director Norman L. Reimer is available here [http://www.nacdl.org/multimedia/grandjurypodcast.mp3]".
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Also for more information contact: Ivan J. Dominguez @ National Association of Criminal Defense Lawyers 1660 L St., N.W., 12th Fl, Washington, D.C. 20036 * Tel. 202-872-8600 * Fax 202-872-8690 for further information.
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Tuesday, November 8, 2011
Is a Life Sentence for Minors Cruel & Unusual Punishment? SCOTUS to Decide It Seems...
The United States Supreme Court agreed to decide a pair of cases[Miller v. Alabama and Jackson v. Hobbs] challenging the constitutionality of life sentences for juveniles convicted in slayings committed when they were 14. The certiori writ claims the sentences of life without parole are cruel and unusual punishment and petitioners seek to expand on the Supreme Court's 2010 decision in Graham v. Florida that held sentences of life in prison without parole are unconstitutional for juveniles who have not been charged with murder.
One of the youths in the new cases accepted by the court, Evan Miller of Alabama, received a life sentence after he and another youth beat a neighbor in 2003 and set fire to his home. The neighbor died of smoke inhalation. In the other case, Kuntrell Jackson of Arkansas was convicted for his part in the robbery and shooting death of a video store clerk in 1999. Jackson has maintained he was the lookout.
One of the youths in the new cases accepted by the court, Evan Miller of Alabama, received a life sentence after he and another youth beat a neighbor in 2003 and set fire to his home. The neighbor died of smoke inhalation. In the other case, Kuntrell Jackson of Arkansas was convicted for his part in the robbery and shooting death of a video store clerk in 1999. Jackson has maintained he was the lookout.
Monday, November 7, 2011
Kamla Harris Not Joining New York's AJ Eric Schneiderman's Mortgage Fraud Investigation? Why?
An interesting November 7, 2011 article by Matt Stoller [former Senior Policy Advisor to Rep. Alan Grayson and a fellow at the Roosevelt Institute. You can reach him at Stoller@gmail.com or follow him on Twitter at @matthewstoller] called "50 State Settlement Chatter – $65 Million of Fundraising and the Kamala Harris Network" [found at http://www.nakedcapitalism.com/2011/11/matt-stoller-50-state-settlement-chatter-%e2%80%93-65-million-of-fundraising-and-the-kamala-harris-network.html], if true explains much about the lackluster approach to protecting consumers victimized by mortgage fraud in California.
California Attorney General Harris has positioned herself to either be the champion of consumers or the banking lobby. Commentators have either seen her as a progressive rising star or as another democratic hack.
Understanding how Harris thinks about politics matters as it kinda clues one into what she is likely to do next (or not do).
In Matt Stoller's article he comments:
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"Harris’s decision-making seems to be driven by personal connections and fundraising networks. This is not at all unusual, but it does contrast a bit with other types of public servants, who often see their job as serving the law itself. So what do her personal connections and fundraising networks look like?
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Well, largely she shares them with President Obama, who endorsed her late in 2010 for the AG office. Her brother-in-law, Tony West, was key fundraiser for Obama in California, having helped raise $65 million for Obama in the state, and he is considered a rising star in the Democratic Party. He now works at the DOJ and has expanded the Civil Rights department to take on some elements of mortgage fraud. The DOJ has an internal directive to make mortgage fraud a top priority, but what mortgage fraud means to the DOJ are mortgage modification scams and penny ante borrowers ripping off fly-by-night lenders. West, while not the direct actor in the DOJ’s settlement talks, is in all likelihood involved in pressure on state AGs to sign on to a settlement. And it’s simply inconceivable he hasn’t dealt with his sister-in-law and political ally on the matter. Harris and West are part of a coherent political network, and much of the strength of that network has to do with reinforcing the traditional bank-friendly policies of the Democratic elite and then using that to create political support.
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The first indication that as California AG Harris was more sympathetic to the Obama side of the ledger on banking is that one of her first decisions as AG was to let off Angelo Mozilo without admitting to wrong-doing or personally paying a fine (the small money that went to restitution came from Bank of America shareholders). I suspect the issue is actually more personal to her than legal, not because she particularly cares about finance or foreclosures, but because her friends and allies are very concerned about ensuring that the banks get a release. In their view, this will cause the housing market to clear, the economy to recover, and then help reelection chances".
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While General Harris' supporters point out that she backed out of an immediate settlement a few weeks ago with the banks that screwed millions of Californians, she refused to join the joint investigation by Eric Schneiderman and Beau Biden on the foreclosure fraud crisis. The question has to be WHY?
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Is she afraid of sharing visibility on the subject? Is she worried she will look inadequate in leading her budget ravaged staff that historically is more pro-institution than pro-consumer? Or is she just on the sidelines, trying to figure out what to do? Or is she more closely aligned to the very banking execs she should be joining in the investigation of [For example, she let the mortgage mauraders at Countrywide and its CEO Angelo Mozilo off the hook in February of 2011 when he paid a mere $6.5 million to get out of a predatory lending lawsuit filed by the state of California].
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What is clear is that Kamala Harris is no progressive lie New York's AJ Eric Schneiderman.
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The Kamala Harris history?
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Harris got her start in big time San Francisco politics she was best known as the ex-girlfriend of former long-time Speaker of the California Assembly Willie Brown, who remains a powerful figure in California politics. Harris dumped Brown shortly after he became mayor but he provided key help to her campaign for District Attorney in 2003. It was a tough race against a two-term incumbent. In that race she agreed to participate in a system that mandated campaign finance limits. In the last days of the race when it was clear she had a shot at winning, she ignored the mandated spending limits she had previously agreed to assuming that the fines would be well worth the expense of spending extra money in the home stretch if she won. And she did win. Her career as San Francisco’s District Attorney was marred by allegations of massive mismanagement of the city’s crime lab which was under her jurisdiction. As a result, allegedly hundreds of criminal cases had to be thrown out of court.
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Maybe General Harris could learn from a very tough AG in hard hit Nevada, Catherine Cortez Masto.
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Window dressing politics have to stop. Harris needs to decide if she wants to be a warrior for victims or an apologist for the banking smucks that are still raking us over the coals.
California Attorney General Harris has positioned herself to either be the champion of consumers or the banking lobby. Commentators have either seen her as a progressive rising star or as another democratic hack.
Understanding how Harris thinks about politics matters as it kinda clues one into what she is likely to do next (or not do).
In Matt Stoller's article he comments:
.
"Harris’s decision-making seems to be driven by personal connections and fundraising networks. This is not at all unusual, but it does contrast a bit with other types of public servants, who often see their job as serving the law itself. So what do her personal connections and fundraising networks look like?
.
Well, largely she shares them with President Obama, who endorsed her late in 2010 for the AG office. Her brother-in-law, Tony West, was key fundraiser for Obama in California, having helped raise $65 million for Obama in the state, and he is considered a rising star in the Democratic Party. He now works at the DOJ and has expanded the Civil Rights department to take on some elements of mortgage fraud. The DOJ has an internal directive to make mortgage fraud a top priority, but what mortgage fraud means to the DOJ are mortgage modification scams and penny ante borrowers ripping off fly-by-night lenders. West, while not the direct actor in the DOJ’s settlement talks, is in all likelihood involved in pressure on state AGs to sign on to a settlement. And it’s simply inconceivable he hasn’t dealt with his sister-in-law and political ally on the matter. Harris and West are part of a coherent political network, and much of the strength of that network has to do with reinforcing the traditional bank-friendly policies of the Democratic elite and then using that to create political support.
.
The first indication that as California AG Harris was more sympathetic to the Obama side of the ledger on banking is that one of her first decisions as AG was to let off Angelo Mozilo without admitting to wrong-doing or personally paying a fine (the small money that went to restitution came from Bank of America shareholders). I suspect the issue is actually more personal to her than legal, not because she particularly cares about finance or foreclosures, but because her friends and allies are very concerned about ensuring that the banks get a release. In their view, this will cause the housing market to clear, the economy to recover, and then help reelection chances".
.
While General Harris' supporters point out that she backed out of an immediate settlement a few weeks ago with the banks that screwed millions of Californians, she refused to join the joint investigation by Eric Schneiderman and Beau Biden on the foreclosure fraud crisis. The question has to be WHY?
.
Is she afraid of sharing visibility on the subject? Is she worried she will look inadequate in leading her budget ravaged staff that historically is more pro-institution than pro-consumer? Or is she just on the sidelines, trying to figure out what to do? Or is she more closely aligned to the very banking execs she should be joining in the investigation of [For example, she let the mortgage mauraders at Countrywide and its CEO Angelo Mozilo off the hook in February of 2011 when he paid a mere $6.5 million to get out of a predatory lending lawsuit filed by the state of California].
.
What is clear is that Kamala Harris is no progressive lie New York's AJ Eric Schneiderman.
.
The Kamala Harris history?
.
Harris got her start in big time San Francisco politics she was best known as the ex-girlfriend of former long-time Speaker of the California Assembly Willie Brown, who remains a powerful figure in California politics. Harris dumped Brown shortly after he became mayor but he provided key help to her campaign for District Attorney in 2003. It was a tough race against a two-term incumbent. In that race she agreed to participate in a system that mandated campaign finance limits. In the last days of the race when it was clear she had a shot at winning, she ignored the mandated spending limits she had previously agreed to assuming that the fines would be well worth the expense of spending extra money in the home stretch if she won. And she did win. Her career as San Francisco’s District Attorney was marred by allegations of massive mismanagement of the city’s crime lab which was under her jurisdiction. As a result, allegedly hundreds of criminal cases had to be thrown out of court.
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Maybe General Harris could learn from a very tough AG in hard hit Nevada, Catherine Cortez Masto.
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Window dressing politics have to stop. Harris needs to decide if she wants to be a warrior for victims or an apologist for the banking smucks that are still raking us over the coals.
Thursday, November 3, 2011
Prosecutorial Abuse in Closing Argument Case of Interest...
The United States Court of Appeals for the Ninth Circuit has issued an Opinion in the matter of UNITED STATES of America v. Arturo SANCHEZ, Jr., Appellant, 2011 WL 5149141, No. 10–50192 (Nov. 1, 2011).
The Appellant Arturo Sanchez was appealing his convictions for importation and possession of cocaine. He asserted that the last statement made by the prosecution in its closing rebuttal argument rendered the trial unfair. The Court of Appeals held that the prosecutor's inflammatory remarks delivered at the end of his closing rebuttal argument were improper and prejudicial and reversed Sanchez's convictions.
On May 26, 2008, Sanchez entered the United States from Mexico at the Calexico, California port of entry driving a 2002 Passat. A narcotics detector dog alerted to the rear side of the vehicle. A search revealed hidden compartments containing 29 kilograms, or 64 pounds, of cocaine.
An Immigration and Customs Enforcement special agent then interviewed Sanchez. Sanchez told the special agent that he knew that drugs were hidden in his vehicle, but that he was afraid of the people who gave him the drugs to transport, and that they knew where he lived in Mexico. At trial, Sanchez took the stand and testified that, although he knew he was driving a vehicle containing drugs, he had done so under duress because the drug traffickers had threatened his family.
The prosecutor delivered his closing argument, followed by the defense counsel's closing argument. The prosecutor then commenced his rebuttal with remarks about the law of duress. At the end of his rebuttal, the prosecutor stated that the defense counsel was asking the jury to believe Sanchez's duress claim even though Sanchez had said nothing about fearing for his family's safety to the customs officers. The prosecutor then said: " Why don't we send a memo to all drug traffickers, to all persons south of the border and in Imperial County and in California—why not our nation while we're at it. Send a memo to them and say dear drug traffickers, when you hire someone to drive a load, tell them that they were forced to do it. Because even if they don't say it at primary and secondary, they'll get away with it if they just say their family was threatened. Because they don't trust Mexican police, and they don't think that the U.S. authorities can help them. Why don't we do that?"
Sanchez contended that the “send a memo” statement made by the prosecutor during his closing rebuttal was improper argument. However, Sanchez did not raise this objection before the district court and thus the court reviewed for plain error. Under the plain error standard, the court could only reverse Sanchez's conviction if the “send a memo” statement was improper and substantially prejudiced the defendant's trial. Even if both prongs of the test are met, the plain error doctrine authorizes the Courts of Appeals to correct only particularly egregious errors that seriously affect the fairness, integrity or public reputation of judicial proceedings. United States v. Young, 470 U.S. 1, 15 (1985).
The Court stated that prosecutors may not urge jurors to convict a criminal defendant in order to protect community values, preserve civil order, or deter future lawbreaking. The evil lurking in such prosecutorial appeals is that the defendant will be convicted for reasons wholly irrelevant to his own guilt or innocence. Similarly, prosecutors may not point to a particular crisis in society and ask the jury to make a statement with their verdict. Nor can prosecutors comment on the potential social ramifications of the jury's reaching a verdict. Further, it is improper to make statements designed to appeal to the passions, fears and vulnerabilities of the jury.
The prosecutor's “send a memo” statement urged the jury to convict for reasons wholly irrelevant to Sanchez's guilt or innocence. The point of the “send a memo” statement was that if the jury acquitted Sanchez based on his duress defense, the verdict would in effect send a message to other drug couriers to use that defense themselves. By his “send a memo” statement, the prosecutor was encouraging the jury to come to a verdict based not on Sanchez's guilt or innocence, but on the “potential social ramifications” of the verdict, and this was improper argument.
Under the plain error standard, reversal is appropriate only if the prosecutor's improper conduct so affected the jury's ability to consider the totality of the evidence fairly that it tainted the verdict and deprived the defendant of a fair trial. The Court noted that there was no curative instruction given to mitigate the prejudice of the “send a memo” statement. Even so, curative instructions fail to neutralize the harm of improper statements by a prosecutor when they do not mention the specific statements of the prosecutor and are not given immediately after the damage is done.
Here, before closing arguments, the district court gave an instruction that arguments, statements, questions, and objections by lawyers are not evidence. Then, immediately before the prosecutor's “send a memo” statement, the district court reminded the jury to follow the jury instruction on the legal requirements of duress, and not to consider the lawyers' statements as evidence. However, advising a jury that lawyers' statement are not evidence is not equivalent to advising it to consider only the facts of the immediate case, rather than the possible societal consequences of its ruling. Moreover, once the “send a memo” statement was made, the district court did not address that specific statement, and gave no curative instruction. A generalized jury instruction that the statements of counsel were not evidence was not sufficient to dispel the level and type of prejudice generated by the prosecutor in this case. Thus, the district court failed to neutralize the harm caused by the prosecutor's “send a memo” statement. Even in the absence of objections by defense counsel, the trial judge must be alert to deviations from proper argument and take prompt corrective action as appropriate.
Blogger Bob's comment: Let's see what the SCOTUS does with this! It makes sense to shift the burden in such cases to the court when the prosecutor steps over the line in closing argument but with that said, could the inaction be explained by so many of the bench officers being former prosecutors?
The Appellant Arturo Sanchez was appealing his convictions for importation and possession of cocaine. He asserted that the last statement made by the prosecution in its closing rebuttal argument rendered the trial unfair. The Court of Appeals held that the prosecutor's inflammatory remarks delivered at the end of his closing rebuttal argument were improper and prejudicial and reversed Sanchez's convictions.
On May 26, 2008, Sanchez entered the United States from Mexico at the Calexico, California port of entry driving a 2002 Passat. A narcotics detector dog alerted to the rear side of the vehicle. A search revealed hidden compartments containing 29 kilograms, or 64 pounds, of cocaine.
An Immigration and Customs Enforcement special agent then interviewed Sanchez. Sanchez told the special agent that he knew that drugs were hidden in his vehicle, but that he was afraid of the people who gave him the drugs to transport, and that they knew where he lived in Mexico. At trial, Sanchez took the stand and testified that, although he knew he was driving a vehicle containing drugs, he had done so under duress because the drug traffickers had threatened his family.
The prosecutor delivered his closing argument, followed by the defense counsel's closing argument. The prosecutor then commenced his rebuttal with remarks about the law of duress. At the end of his rebuttal, the prosecutor stated that the defense counsel was asking the jury to believe Sanchez's duress claim even though Sanchez had said nothing about fearing for his family's safety to the customs officers. The prosecutor then said: " Why don't we send a memo to all drug traffickers, to all persons south of the border and in Imperial County and in California—why not our nation while we're at it. Send a memo to them and say dear drug traffickers, when you hire someone to drive a load, tell them that they were forced to do it. Because even if they don't say it at primary and secondary, they'll get away with it if they just say their family was threatened. Because they don't trust Mexican police, and they don't think that the U.S. authorities can help them. Why don't we do that?"
Sanchez contended that the “send a memo” statement made by the prosecutor during his closing rebuttal was improper argument. However, Sanchez did not raise this objection before the district court and thus the court reviewed for plain error. Under the plain error standard, the court could only reverse Sanchez's conviction if the “send a memo” statement was improper and substantially prejudiced the defendant's trial. Even if both prongs of the test are met, the plain error doctrine authorizes the Courts of Appeals to correct only particularly egregious errors that seriously affect the fairness, integrity or public reputation of judicial proceedings. United States v. Young, 470 U.S. 1, 15 (1985).
The Court stated that prosecutors may not urge jurors to convict a criminal defendant in order to protect community values, preserve civil order, or deter future lawbreaking. The evil lurking in such prosecutorial appeals is that the defendant will be convicted for reasons wholly irrelevant to his own guilt or innocence. Similarly, prosecutors may not point to a particular crisis in society and ask the jury to make a statement with their verdict. Nor can prosecutors comment on the potential social ramifications of the jury's reaching a verdict. Further, it is improper to make statements designed to appeal to the passions, fears and vulnerabilities of the jury.
The prosecutor's “send a memo” statement urged the jury to convict for reasons wholly irrelevant to Sanchez's guilt or innocence. The point of the “send a memo” statement was that if the jury acquitted Sanchez based on his duress defense, the verdict would in effect send a message to other drug couriers to use that defense themselves. By his “send a memo” statement, the prosecutor was encouraging the jury to come to a verdict based not on Sanchez's guilt or innocence, but on the “potential social ramifications” of the verdict, and this was improper argument.
Under the plain error standard, reversal is appropriate only if the prosecutor's improper conduct so affected the jury's ability to consider the totality of the evidence fairly that it tainted the verdict and deprived the defendant of a fair trial. The Court noted that there was no curative instruction given to mitigate the prejudice of the “send a memo” statement. Even so, curative instructions fail to neutralize the harm of improper statements by a prosecutor when they do not mention the specific statements of the prosecutor and are not given immediately after the damage is done.
Here, before closing arguments, the district court gave an instruction that arguments, statements, questions, and objections by lawyers are not evidence. Then, immediately before the prosecutor's “send a memo” statement, the district court reminded the jury to follow the jury instruction on the legal requirements of duress, and not to consider the lawyers' statements as evidence. However, advising a jury that lawyers' statement are not evidence is not equivalent to advising it to consider only the facts of the immediate case, rather than the possible societal consequences of its ruling. Moreover, once the “send a memo” statement was made, the district court did not address that specific statement, and gave no curative instruction. A generalized jury instruction that the statements of counsel were not evidence was not sufficient to dispel the level and type of prejudice generated by the prosecutor in this case. Thus, the district court failed to neutralize the harm caused by the prosecutor's “send a memo” statement. Even in the absence of objections by defense counsel, the trial judge must be alert to deviations from proper argument and take prompt corrective action as appropriate.
Blogger Bob's comment: Let's see what the SCOTUS does with this! It makes sense to shift the burden in such cases to the court when the prosecutor steps over the line in closing argument but with that said, could the inaction be explained by so many of the bench officers being former prosecutors?
Wednesday, November 2, 2011
NEW FEDERAL SENTENCING COMMISSION REPORT
A copy of the new Federal Sentencing Commission Report on "mandatory minimums" is available at http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202520988995
Monday, October 31, 2011
STRIP SEARCH CASE (FLORENCE v BOARD of CHOSE FREEHOLDERS)
In Florence v. Board of Chosen Freeholders, the 4th Amendment propriety of 2 strip searches of Albert Florence, a New Jersey resident is being reviewed by SCOTUS. Florence, after a traffic stop, was arrested on a bench warrant for failure to pay a fine even through Florence produced a receipt showing payment of the fine.
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At intake, Florence was told to strip, open his mouth, lift his tongue and his genitals and to shower. He remained in jail for six days until being transferred to the Essex County jail where he underwent a more extensive strip search that included being ordered to squat and cough and then to shower. One day later, he was released when the charge was dismissed.
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Florence sued both counties and various officials, charging that their strip search procedures violated the 4th Amendment protection against unreasonable searches. After a federal district court granted summary judgment in favor of Florence, the U.S. Court of Appeals for the 3d Circuit reversed saying prison officials should be accorded "wide-ranging deference" in enforcing policies necessary to maintain security and order in their prisons.
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During arguments, the justices peppered Goldstein, representing Florence, with questions about where and when reasonable suspicion is required and seemed at times confused and dissatisfied with his answers. "What is the greater intrusion — standing two or five feet away" from the naked arrestee when inspecting him or her, asked Justice Sonia Sotomayor. "That is a line that doesn't make much sense to me."
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Goldstein explained that a prison officer might conduct a visual inspection from a distance of 10 feet. In that scenario, a naked arrestee showering and applying medication for lice does not require reasonable suspicion. His only concern, said Goldstein, is "the very close inspection of the individual's genitals, which can occur absolutely so long as there is some minimal level of suspicion that's created."
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Phillips argued totold the justices that no reasonable suspicion is required even for intrusive body cavity searches. "That's the rule of law," he insisted, adding also that it did not matter whether the arrestee was being admitted into the general prison population because the risks "remain too substantial."
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"Suppose someone is just arrested because they have a lot of tickets for being caught on speed cameras, let's say," suggested Justice Samuel Alito Jr. "That person can be subjected to the searches that you are describing?"
Phillips replied, "Yes, Justice Alito. I think the basic principle we are asking for is that deference to the jails and — and to the administrators of the jails. (It) requires that this Court respect their judgment that you can't make a distinction based on that specific individual; that whether somebody is a minor offender or a major offender: One, is never all that clear in the first place; and two, isn't a basis on which to distinguish the risks that it poses."
Justice Stephen Breyer was particularly skeptical that minor offenders posed a contraband problem based on some studies, and Justice Anthony Kennedy called the evidence "skimpy."
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Saharsky said the question before the Court is whether there are reasons for a blanket rule — strip searches of all arrestees — to which the Court should defer. "First of all, you cannot say that there are some minor offenders that don't pose a contraband risk," she argued. "They are documented in the record. Second, you have individuals who are making very quick determinations. They have large numbers of people to get through into the general prison population. They have very little time, and if they guess wrong, those mistakes can be deadly."
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If the rule is so important, why isn't it federal policy, asked Justice Ruth Bader Ginsburg. Saharsky conceded that federal arrestees are given a choice of being strip searched and placed in the general prison population, or not being strip searched and placed in an alternative cell. "Who consents to that?" wondered Chief Justice John Roberts Jr. Saharsky said computers and other privileges are available to the general population.
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In an unusual comment directed at the Office of Solicitor General, Justice Ginsburg called the government's brief in the case "really confusing." Saharsky apologized.
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Blogger Bob's comment: It is an interesting case that shows a thought process maybe consistent with the notion the 4th amendment is not DOA in these times.
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At intake, Florence was told to strip, open his mouth, lift his tongue and his genitals and to shower. He remained in jail for six days until being transferred to the Essex County jail where he underwent a more extensive strip search that included being ordered to squat and cough and then to shower. One day later, he was released when the charge was dismissed.
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Florence sued both counties and various officials, charging that their strip search procedures violated the 4th Amendment protection against unreasonable searches. After a federal district court granted summary judgment in favor of Florence, the U.S. Court of Appeals for the 3d Circuit reversed saying prison officials should be accorded "wide-ranging deference" in enforcing policies necessary to maintain security and order in their prisons.
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During arguments, the justices peppered Goldstein, representing Florence, with questions about where and when reasonable suspicion is required and seemed at times confused and dissatisfied with his answers. "What is the greater intrusion — standing two or five feet away" from the naked arrestee when inspecting him or her, asked Justice Sonia Sotomayor. "That is a line that doesn't make much sense to me."
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Goldstein explained that a prison officer might conduct a visual inspection from a distance of 10 feet. In that scenario, a naked arrestee showering and applying medication for lice does not require reasonable suspicion. His only concern, said Goldstein, is "the very close inspection of the individual's genitals, which can occur absolutely so long as there is some minimal level of suspicion that's created."
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Phillips argued totold the justices that no reasonable suspicion is required even for intrusive body cavity searches. "That's the rule of law," he insisted, adding also that it did not matter whether the arrestee was being admitted into the general prison population because the risks "remain too substantial."
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"Suppose someone is just arrested because they have a lot of tickets for being caught on speed cameras, let's say," suggested Justice Samuel Alito Jr. "That person can be subjected to the searches that you are describing?"
Phillips replied, "Yes, Justice Alito. I think the basic principle we are asking for is that deference to the jails and — and to the administrators of the jails. (It) requires that this Court respect their judgment that you can't make a distinction based on that specific individual; that whether somebody is a minor offender or a major offender: One, is never all that clear in the first place; and two, isn't a basis on which to distinguish the risks that it poses."
Justice Stephen Breyer was particularly skeptical that minor offenders posed a contraband problem based on some studies, and Justice Anthony Kennedy called the evidence "skimpy."
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Saharsky said the question before the Court is whether there are reasons for a blanket rule — strip searches of all arrestees — to which the Court should defer. "First of all, you cannot say that there are some minor offenders that don't pose a contraband risk," she argued. "They are documented in the record. Second, you have individuals who are making very quick determinations. They have large numbers of people to get through into the general prison population. They have very little time, and if they guess wrong, those mistakes can be deadly."
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If the rule is so important, why isn't it federal policy, asked Justice Ruth Bader Ginsburg. Saharsky conceded that federal arrestees are given a choice of being strip searched and placed in the general prison population, or not being strip searched and placed in an alternative cell. "Who consents to that?" wondered Chief Justice John Roberts Jr. Saharsky said computers and other privileges are available to the general population.
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In an unusual comment directed at the Office of Solicitor General, Justice Ginsburg called the government's brief in the case "really confusing." Saharsky apologized.
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Blogger Bob's comment: It is an interesting case that shows a thought process maybe consistent with the notion the 4th amendment is not DOA in these times.
Tuesday, October 25, 2011
DISTRICT ATTORNEY MIKE RAMOS WANTS MORE MONEY, EVEN IF IT SHUTS DOWN MORE COURTS?
In a whirlwind PR tour focusing not on conviction rates for major crimes but years of total sentences meted out, Mike Ramos admits he is actively lobbying the Governor's office (ya know the Democratic candidate who attended Ramos' fundraiser when there was a democratic challenger) for more permanent funding for the monitoring of the early releasees from state prison (caused by various court orders); the sad part of all this is that the Courts which Ramos' staff fills with cases, is operating on reserves--they ran out of budgeted money some time back!! Mike Ramos' lobbying (for permanent funding of the handling of the early, court-mandated state prison releasees) could drain court funding, forcing more courtroom closures and or staff reductions. Ramos remark? "They should have people present in funding discussions" (like they would know when Ramos is calling the Governor's staff). The empire building of Mike Ramos, even if it cripples the Court system which exists for everyone, is something that has to be watched. Maybe its time to look at prosecution decisions? If 90% of the alleged domestic violence victims want the charges against the significant other dropped as was recently reported in the local papers, is that part of the culture of abuse and victim response, or maybe could some of it be cases that could be deferred to civil harassment and restraining order (and injunction) remedies [See California Code of Civil Procedure Section 527.6, 527.8 & Welfare & Institutions Code Sec 15657.03], for which there is a ready remedy, can be handled using Judicial Council forms [CH-100 & a fee waiver] and court trained staff to already handle [and if there are violations of the injunctions, automatic incarceration].
WHY BRAD MITZELFELT HAS NO BUSINESS BEING A SUPERVISOR FOR the 1st DISTRICT of SAN BERNARDINO COUNTY
"On October 12th, 2011, 16-year-old Armando Ramirez was cleaning out a tunnel at Community Recycling and Resource Recovery, Inc., a large scale waste facility in Lamont, California when he collapsed, suddenly overcome by hydrogen sulfide. Hydrogen sulfide is a toxic gas that attacks the central nervous system and is produced when facilities improperly compost organic waste. Armando's 22-year-old brother, Eladio attempted to rescue Armando but was overcome by the fumes himself.
Armando died before he reached the hospital. Eladio was pronounced brain-dead and died two days later after being removed from life support. Family members reported that the brothers were not provided with any safety protection other than a flimsy painter's mask and rubber boots.
Since opening in 1993, Community Resource and Recycling has repeatedly been fined and cited for violating local and state regulations. Local residents and state politicians are now asking the County to close the facility.
Please join us in protecting this community and sign the petition on Change.org
http://www.change.org/petitions/kern-..."
Blogger Bob's comments: You say so what? Well, this very type of facility was approved by the County of San Bernardino for construction in the High Desert, by a company with a history of complaints in its Adelanto operation (which was shut down). The project would be illegal if it were built in the South Coast Air Quality Management District, which four of the other County Supervisorial Districts are principally covered by, so what does Brad the Toad do, he finds a place in the High Desert for one of his and his former boss' (Postmus) contributors.
Armando died before he reached the hospital. Eladio was pronounced brain-dead and died two days later after being removed from life support. Family members reported that the brothers were not provided with any safety protection other than a flimsy painter's mask and rubber boots.
Since opening in 1993, Community Resource and Recycling has repeatedly been fined and cited for violating local and state regulations. Local residents and state politicians are now asking the County to close the facility.
Please join us in protecting this community and sign the petition on Change.org
http://www.change.org/petitions/kern-..."
Blogger Bob's comments: You say so what? Well, this very type of facility was approved by the County of San Bernardino for construction in the High Desert, by a company with a history of complaints in its Adelanto operation (which was shut down). The project would be illegal if it were built in the South Coast Air Quality Management District, which four of the other County Supervisorial Districts are principally covered by, so what does Brad the Toad do, he finds a place in the High Desert for one of his and his former boss' (Postmus) contributors.
Monday, October 17, 2011
Dead Horses
The Dead Horse Theory
The tribal wisdom of the Dakota Indians, passed on from generation-to-generation, says that when you discover that you are riding a dead horse, the best strategy is to dismount.
However, in government, education, and in corporate America, more advanced strategies are often employed, such as:
1. Buying a stronger whip.
2. Changing riders.
3. Appointing a committee to study the horse.
4. Arranging to visit other countries to see how other cultures ride dead horses.
5. Lowering the standards so that dead horses can be included.
6. Reclassifying the dead horse as living-impaired.
7. Hiring outside contractors to ride the dead horse.
8. Harnessing several dead horses together to increase speed.
9. Providing additional funding and/or training to increase the dead horse's performance.
10. Doing a productivity study to see if lighter riders would improve the dead horse's performance.
11. Declaring that as the dead horse does not have to be fed, it is less costly, carries lower overhead and therefore contributes substantially more to the bottom line of the economy than do some other horses.
12. Rewriting the expected performance requirements for all horses.
And, of course, when all else fails . . .
13. Promoting the dead horse to a supervisory position.
Blogger Bob's comment: God's reward for the Dakota's sense of humor, was to reward them with minable gold and one of the richest new oil fields in the Free World. God's gift to the American government, leaking oil wells in the Gulf, acid rain from the coal burning plants, nuke designs proned to failure and wind and solar projects put on the back burner for the past 4 decades due to the pressure of stock and pension portfolios that profit from hyerinflated oil stocks.
The tribal wisdom of the Dakota Indians, passed on from generation-to-generation, says that when you discover that you are riding a dead horse, the best strategy is to dismount.
However, in government, education, and in corporate America, more advanced strategies are often employed, such as:
1. Buying a stronger whip.
2. Changing riders.
3. Appointing a committee to study the horse.
4. Arranging to visit other countries to see how other cultures ride dead horses.
5. Lowering the standards so that dead horses can be included.
6. Reclassifying the dead horse as living-impaired.
7. Hiring outside contractors to ride the dead horse.
8. Harnessing several dead horses together to increase speed.
9. Providing additional funding and/or training to increase the dead horse's performance.
10. Doing a productivity study to see if lighter riders would improve the dead horse's performance.
11. Declaring that as the dead horse does not have to be fed, it is less costly, carries lower overhead and therefore contributes substantially more to the bottom line of the economy than do some other horses.
12. Rewriting the expected performance requirements for all horses.
And, of course, when all else fails . . .
13. Promoting the dead horse to a supervisory position.
Blogger Bob's comment: God's reward for the Dakota's sense of humor, was to reward them with minable gold and one of the richest new oil fields in the Free World. God's gift to the American government, leaking oil wells in the Gulf, acid rain from the coal burning plants, nuke designs proned to failure and wind and solar projects put on the back burner for the past 4 decades due to the pressure of stock and pension portfolios that profit from hyerinflated oil stocks.
Panhandling & Begging One of Those Constitutional Rights? Yup !
The First Amendment protects begging or panhandling when it is conducted peacefully. See United States v. Kokinda, 497 U.S. 720, 725, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion); Riley v. Nat'l Fed'n of the Blind of N.C., Inc., 487 U.S. 781, 796, 108 S.Ct. 2667, 101 L.Ed.2d 669 (1988); Vill. of Schaumburg v. Citizens for a Better Env't, 444 U.S. 620, 632, 100 S.Ct. 826, 63 L.Ed.2d 73 (1980) (“charitable appeals for funds” are protected speech); Smith v. City of Fort Lauderdale, Fla., 177 F.3d 954, 956 (11th Cir.1999); Loper v. N.Y.C. Police Dep't, 999 F.2d 699, 704 (2d Cir.1993) (“We see little difference between those who solicit for organized charities and those who solicit for themselves in regard to the message conveyed. The former are communicating the needs of others while the latter are communicating their personal needs.”); Benefit v. City of Cambridge, 424 Mass. 918, 679 N.E.2d 184, 187–88 (Mass.1997): State v. Boehler, __ Ariz. ___, ___ P.3d ___ , 2011 WL 4047350, fn. 4 (App. 2011).
State Soverignty Used to Stop Fed's Extradition Request! If Upheld, is DEA's New Prosecution Threats of Medical Marijuana Collectives in Trouble?
Rhode Island refused to turn over murder deft to feds on ground that he would then face the death penalty. 1st Circuit upholds refusal! [USAG's petition for rehearing en banc is due on 11/23]. Article covering subject:
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http://www.abajournal.com/news/article/appeals_court_blocks_transfer_of_ri_defendant_to_federal_authorities/
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Blogger Bob's comments: Some legal commentators have suggested that maybe having to stay for the rest of your life on Rhode Island is enough of a punishment! Putting all that as an aside, if the 1st Circuit's decision gets upheld, this might breathe new life into the medical marijuana movement in California and give a way to beat back AG Holder's renewed threat to prosecute medical marijuana growers and distributors?
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http://www.abajournal.com/news/article/appeals_court_blocks_transfer_of_ri_defendant_to_federal_authorities/
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Blogger Bob's comments: Some legal commentators have suggested that maybe having to stay for the rest of your life on Rhode Island is enough of a punishment! Putting all that as an aside, if the 1st Circuit's decision gets upheld, this might breathe new life into the medical marijuana movement in California and give a way to beat back AG Holder's renewed threat to prosecute medical marijuana growers and distributors?
Wednesday, September 28, 2011
Nursery Products,Brad Mitzelfelt,Gary Ovitt and Janice Rutherford Screw the High Desert Again!! Environmental Justice be Damned!!
After the Court Ordered the County of San Bernardino to vacate and set aside all approvals made on July 13, 2010 for the Nursery Products Composting Facility located in the unincorporated areas of Hinkley including: (1) certification of the environmental impact report and supplemental environmental impact report, (2) the approval of the conditional use permit, (3) the adoption of the findings, (4) approval of the statement of overriding considerations, and (5) the approval of the Mitigation and Reporting program, Vice-Chairman (Vice seems to be a fit don't you think?) Brad Mitzelfelt (who pushed the Nursery Products project when he was Chief of Staff to now-disgraced Bill Postmus and does not live in the High Desert but in the remote mountains of Wrightwood), 4th District Supervisor Gary C. Ovitt (who has a covered/enclosed sludge to compost project in his district but did not think the high desert deserved one!)and 2nd District Supervisor Janice Rutherford (after admitting she knew little about the project) voted to vacate items (1)-(5), then re-approved (1)-(5) AND simultaneously denied HelpHinkley.org's appeal (remarkable not only in the fact the appeal is ruled on at the same time as a decision is made to reinstate the decisions the court ordered be vacated [items (1)-(5)], but HelpHinkley.org had not filed an appeal--the time for it had not even started to run!)
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First, to most people, appeals have to be made AFTER a decision is made--nor at the same time, otherwise, why have an appeal?Also, usually a party has to file an appeal. HelpHinkley.org hadn't.
Second, that is not the worst of it. After taking evidence and testimony yesterday, Supervisor Mitzelfelt said "he would not consider any of the testimony and materials submitted that day (of the hearing)"-So why have a hearing? Why invite the public to speak? What was the appeal considering record-wise? Just the supplemental report of the applicant, HelpHinkley.org? Where is the fairness in that?
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Third, Supervisors Mitzelfelt, Ovitt and Rutherford further ignored the complaints that (i) the time to act had run, raising a jurisdictional question for the Board (the Board of Supervisors had until September 9, 2011 to comply with the Court's order -yesterdays hearing was 2 weeks late), (ii) Mitzelfelt had a conflict of interest voting on the project as an appellate "judge" as he had promised Nursery Products he'd locate a site in Hinkley after they were chased out of Adelanto, (iii) the notice of the hearing was defective under the California Environmental Quality Act and County Codes and (iv) the County failed to provide a comment period on the water assessment report prepared by Nursery Products that they claimed answered the Court's and the Mojave Water Agency's concerns. All concerns expressed, but never addressed.
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Fourth, Nursery Products and the County used a "Centro Sub Basin" analysis to claim there was enough water--the basin they referred to was not the Harper-West Hinkley area, but the area which encompassed all of Barstow, Newberry, Daggett, Yermo and points in between. This is worst sort of deception by our leaders and Nursery Products especially since the recharge from the Mojave to Harper Lake was estimated by the Mojave Water Agency to be only 22 acre feet per year (through the Water Valley-Red Hill corridor).
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The last court order in this ongoing CEQA battle was in significant part in response to a Mojave Water Agency comment letter saying there was insufficient evidence to show that a 900-1,000 gallon per day estimate water use was going to be adequate for an eight employee operation (with up to another 80 incoming drivers per day), covering 80 acres (the area authorized for composting operations) which would take, six days per week up to 1,100 tons of sludge (per day) in the specific area of this project, not the entire Mojave River BELOW Hinkley and there was no evidence the area could support that type of use, assuming it was true.
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Despite a record being presented that was factual & documentary in the shortened and inadequate time given (which undermined Nursery Product's contentions), the crowd was called "emotional".
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When the issue of environmental justice was again raised (e.g. the sludge-to-compost operation in Ovitt's District is covered and the West Valley of San Bernardino, which is in the South Coast Basin Air Quality Management District, requires these facilities be covered), it was ignored (again!)
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I know the grand jury is busy, but this sure is the type of abusive governmental behavior someone should be looking at!
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First, to most people, appeals have to be made AFTER a decision is made--nor at the same time, otherwise, why have an appeal?Also, usually a party has to file an appeal. HelpHinkley.org hadn't.
Second, that is not the worst of it. After taking evidence and testimony yesterday, Supervisor Mitzelfelt said "he would not consider any of the testimony and materials submitted that day (of the hearing)"-So why have a hearing? Why invite the public to speak? What was the appeal considering record-wise? Just the supplemental report of the applicant, HelpHinkley.org? Where is the fairness in that?
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Third, Supervisors Mitzelfelt, Ovitt and Rutherford further ignored the complaints that (i) the time to act had run, raising a jurisdictional question for the Board (the Board of Supervisors had until September 9, 2011 to comply with the Court's order -yesterdays hearing was 2 weeks late), (ii) Mitzelfelt had a conflict of interest voting on the project as an appellate "judge" as he had promised Nursery Products he'd locate a site in Hinkley after they were chased out of Adelanto, (iii) the notice of the hearing was defective under the California Environmental Quality Act and County Codes and (iv) the County failed to provide a comment period on the water assessment report prepared by Nursery Products that they claimed answered the Court's and the Mojave Water Agency's concerns. All concerns expressed, but never addressed.
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Fourth, Nursery Products and the County used a "Centro Sub Basin" analysis to claim there was enough water--the basin they referred to was not the Harper-West Hinkley area, but the area which encompassed all of Barstow, Newberry, Daggett, Yermo and points in between. This is worst sort of deception by our leaders and Nursery Products especially since the recharge from the Mojave to Harper Lake was estimated by the Mojave Water Agency to be only 22 acre feet per year (through the Water Valley-Red Hill corridor).
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The last court order in this ongoing CEQA battle was in significant part in response to a Mojave Water Agency comment letter saying there was insufficient evidence to show that a 900-1,000 gallon per day estimate water use was going to be adequate for an eight employee operation (with up to another 80 incoming drivers per day), covering 80 acres (the area authorized for composting operations) which would take, six days per week up to 1,100 tons of sludge (per day) in the specific area of this project, not the entire Mojave River BELOW Hinkley and there was no evidence the area could support that type of use, assuming it was true.
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Despite a record being presented that was factual & documentary in the shortened and inadequate time given (which undermined Nursery Product's contentions), the crowd was called "emotional".
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When the issue of environmental justice was again raised (e.g. the sludge-to-compost operation in Ovitt's District is covered and the West Valley of San Bernardino, which is in the South Coast Basin Air Quality Management District, requires these facilities be covered), it was ignored (again!)
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I know the grand jury is busy, but this sure is the type of abusive governmental behavior someone should be looking at!
Thursday, September 22, 2011
Speaking of the FBI....lookie at the latest surveillance tool--you're holding it
According to a Wall Street Journal article that recently appeared, the FBI and other law enforcement agencies are now, and have been, tracking defendants and their lawyers through their cell phones, by "pinging" the phones and receiving a return reply by the phone. Its not clear is if powering down the phone frustrates that. If true, I have another thing to worry about? Nah, other issues like frivolous prosecutions come to mind. [article @ http://online.wsj.com/article/SB10001424053111904194604576583112723197574.html]-- author of article can be reached @: L Jennifer.Valentino-DeVries@wsj.com
BTW, "pinging" a phone is the process of sending sending an electronic signal to the phone. When your phone is turned on, you will see the relative strength of the signal, whether is is 3G or 1X or 1XEV, or whatever the GSM counterpart is. This relative signal strength has to do with how close you are from a cell tower...the closer you are, the stronger the signal. Your phone will periodically send a signal out, saying "I'm here" while searching for a cell tower, to establish or maintain a signal link to that tower so as to be ready to make or accept a cell call or other communication. This process of sending an "I'm here!" signal is called pinging.What the stingray device apparently does is capture a cell phone "ping" signal and, I'm guessing here, relate the electronic ID of the phone to an assigned telephone number. (It seems to me that the cell carriers are complicit in this by providing EINs to law enforcement.) This way, when the police capture a cell phone ping, they can identify the telephone number assigned to the EIN of the pinged response, and thus identify the person to whom the cell number is assigned. Then, once the police confirm that the signal they have identified through the ping response is from the phone of the target, then simply follow the signal around and, using triangulation from multiple cell towers and cell site locations supplied by the phone companies, they track the location of the phone. Nice huh!
BTW, "pinging" a phone is the process of sending sending an electronic signal to the phone. When your phone is turned on, you will see the relative strength of the signal, whether is is 3G or 1X or 1XEV, or whatever the GSM counterpart is. This relative signal strength has to do with how close you are from a cell tower...the closer you are, the stronger the signal. Your phone will periodically send a signal out, saying "I'm here" while searching for a cell tower, to establish or maintain a signal link to that tower so as to be ready to make or accept a cell call or other communication. This process of sending an "I'm here!" signal is called pinging.What the stingray device apparently does is capture a cell phone "ping" signal and, I'm guessing here, relate the electronic ID of the phone to an assigned telephone number. (It seems to me that the cell carriers are complicit in this by providing EINs to law enforcement.) This way, when the police capture a cell phone ping, they can identify the telephone number assigned to the EIN of the pinged response, and thus identify the person to whom the cell number is assigned. Then, once the police confirm that the signal they have identified through the ping response is from the phone of the target, then simply follow the signal around and, using triangulation from multiple cell towers and cell site locations supplied by the phone companies, they track the location of the phone. Nice huh!
Monday, September 12, 2011
What Would Mike Ramos Do with Troy Anthony Davis' Stay of Execution Request if it was before him??
Excerpted from September 9, 2011 article appearing in the New America Media
"The Troy Davis Case: Will America Execute Another Innocent?"
by Earl Ofari Hutchinson [See @ http://www.commondreams.org/view/2011/09/09-11]
Without a stay of execution by the Georgia's Board of Pardons and Paroles, Troy Anthony Davis will be executed. From the facts, Georgia's Board of Pardons and Paroles should be agreeing to stay the execution and make a review of the record to make sure a mistake is not done (again).
The facts in his case? There was no murder weapon or physical evidence linking Davis to the murder, and a score of witnesses that originally implicated Davis as the shooter recanted their testimony. The witnesses have since the conviction claimed that they lied because they were scared stiff by police coercion, harassment and threats [7 witnesses say Troy is innocent according to Chang.org], and that another man committed the crime for which he will be killed [according to Amnesty International, nine people have signed affidavits implicating another man]. Others cut deals with police and prosecutors to walk free or to get lighter sentences for their own crimes. And yet others have long and dubious reputations as jailhouse snitches that prosecutor’s parade to the witness stand to finger a defendant, again in exchange for leniency.
WHAT CAN YOU DO? (1) Pray for justice & mercy to be done by the Georgia authorities and pray for the prosecution team to join in the request for first a stay of execution and an appropriate review of the record and appropriate action, (2) Sign a petition on line @ http://www.change.org/petitions/chairman-state-of-georgia-board-of-pardons-and-paroles-grant-clemency-to-my-brother-troy-davis or @ http://act.colorofchange.org/sign/troy/]
THE QUESTION MANY OF US HAVE: What would Mike Ramos, our current District Attorney do presented with the same record?
"The Troy Davis Case: Will America Execute Another Innocent?"
by Earl Ofari Hutchinson [See @ http://www.commondreams.org/view/2011/09/09-11]
Without a stay of execution by the Georgia's Board of Pardons and Paroles, Troy Anthony Davis will be executed. From the facts, Georgia's Board of Pardons and Paroles should be agreeing to stay the execution and make a review of the record to make sure a mistake is not done (again).
The facts in his case? There was no murder weapon or physical evidence linking Davis to the murder, and a score of witnesses that originally implicated Davis as the shooter recanted their testimony. The witnesses have since the conviction claimed that they lied because they were scared stiff by police coercion, harassment and threats [7 witnesses say Troy is innocent according to Chang.org], and that another man committed the crime for which he will be killed [according to Amnesty International, nine people have signed affidavits implicating another man]. Others cut deals with police and prosecutors to walk free or to get lighter sentences for their own crimes. And yet others have long and dubious reputations as jailhouse snitches that prosecutor’s parade to the witness stand to finger a defendant, again in exchange for leniency.
WHAT CAN YOU DO? (1) Pray for justice & mercy to be done by the Georgia authorities and pray for the prosecution team to join in the request for first a stay of execution and an appropriate review of the record and appropriate action, (2) Sign a petition on line @ http://www.change.org/petitions/chairman-state-of-georgia-board-of-pardons-and-paroles-grant-clemency-to-my-brother-troy-davis or @ http://act.colorofchange.org/sign/troy/]
THE QUESTION MANY OF US HAVE: What would Mike Ramos, our current District Attorney do presented with the same record?
Thursday, September 1, 2011
Burum lawyers to get unredacted copy of Grand Jury testimony - San Bernardino County Sun- Wow, like why was a motion needed?
Burum lawyers to get unredacted copy of Grand Jury testimony - San Bernardino County Sun
Blogger Bob: Wow...imagine having to ask the court for the transcript of the proceeding that may exonerate you? Holding such exculpatory evidence is a prosecutorial no no, is it not? Were Jeff Burum not a wealthy man, represented by a former federal judge (who has to be pricy), does anyone really think the information would be released and the DA's office would be suggesting more may be released? Isn't everyone benefited by having all the cards on the table and there being full disclosure?
Blogger Bob: Wow...imagine having to ask the court for the transcript of the proceeding that may exonerate you? Holding such exculpatory evidence is a prosecutorial no no, is it not? Were Jeff Burum not a wealthy man, represented by a former federal judge (who has to be pricy), does anyone really think the information would be released and the DA's office would be suggesting more may be released? Isn't everyone benefited by having all the cards on the table and there being full disclosure?
Wednesday, August 31, 2011
Victorville Councilperson Angela Valles Exploits Home Violence, Ignoring Community Policing Alternatives Long Ignored
In Facebook, Angela Valles says that "on Sept 6th @ 7 PM at VV City Hall Capt. Yoder will give a presentation on crime and the possible need for more police. Be there and be heard. http://www.vvdailypress.com/news/victorville-29808-house-party.html
Two teens stabbed at Victorville house party www.vvdailypress.com".
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Blogger Bob: Angela: First, we need more responsible parents. Second, unless we put a cop in every home that may have a potential gathering of kids with the potential for violence (sounds like profiling me thinks), this problem will not end (so knowing that will never happen) we have to consider another approach that we don't do--we need to do less drive by "law enforcement" and put officers on the street walking beats. Try redeploying existing resources and using more trained volunteer reserve officers (many of which are underutilized)...adding more cops increases union membership and political campaign war chests, but does not guarantee better community policing. The presence of law enforcement is a deterrent. Increasing the numbers of people that will take too long to respond will not help. Maybe an idea with potential except for the nasty four letter word, SEBA, the union folks that will have to sign off on changing the use of existing force levels. Third, what are you going to do about the Victorville Station's complaints about the DA's office not taking complaints being submitted and filing charges? Has that been resolved?
Two teens stabbed at Victorville house party www.vvdailypress.com".
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Blogger Bob: Angela: First, we need more responsible parents. Second, unless we put a cop in every home that may have a potential gathering of kids with the potential for violence (sounds like profiling me thinks), this problem will not end (so knowing that will never happen) we have to consider another approach that we don't do--we need to do less drive by "law enforcement" and put officers on the street walking beats. Try redeploying existing resources and using more trained volunteer reserve officers (many of which are underutilized)...adding more cops increases union membership and political campaign war chests, but does not guarantee better community policing. The presence of law enforcement is a deterrent. Increasing the numbers of people that will take too long to respond will not help. Maybe an idea with potential except for the nasty four letter word, SEBA, the union folks that will have to sign off on changing the use of existing force levels. Third, what are you going to do about the Victorville Station's complaints about the DA's office not taking complaints being submitted and filing charges? Has that been resolved?
Sunday, August 21, 2011
Charter School Cases Delayed...Again...Ramos Just Now Turning Over 4 year old evidence? Wow!
Interesting article [Press Enterprise piece on August 21, 2011 @ /www.pe.com/columns/cassiemacduff/stories/PE_News_Local_D_cass20.3e6d82a.html]--keep in mind that when these guys got arrested, the assets were seized and none of them could hire outside lawyers. Were the charter school funds distributed as campaign funds as rumor had it? Where was the school district? Why wasn't the school district board auditing the use of the money? Why wasn't the County Superintendent of Schools (Fisher?) keeping an eye on the money? Why wasn't the State Superintendent keeping an eye on the money? How could you miss an almost exponential growth of a charter school campus system? Hard to miss and not ask what is happening to the State funds? Also there were rumors that a group supposedly met in the upstairs conference room of the Desert Community Bank in Victorville and campaign plans and funding decisions were often discussed. Does anyone really think that a charter school bought jet skiis for personal use? Was the price above list? Were the products returned for refunds and paper trails lost? Were the items traded out for cash which went into campaign activity? Or good ole fashion graft? Mismanagement of this case is at many levels. Why outside conflict counsel was not appointed and fees paid by the county to get to the information, prepare the case and find the assets before they dissipated is a question that will not get answered, but is at the core of the delay. That the defense in just now getting access to 2007 grand jury reports/evidence is a shocking and inexcusable delay. The prosecution should have given that discovery to the defense nearly 4 years ago. I remember Mike Ramos one time saying we are never going to "prosecute ourselves out of this corruption"--I agree that with such egregious delays, nothing will get done any time soon.
Brad Mitzelfelt Stoned? Sick?
At the Barstow Harvey House 100th Anniversary Celebration yesterday, it was reported by an informed source that 1st District Supervisor Brad Mitzelfelt while making a speech at the Harvey House Celebration, was wearing dark sunglasses, was shaking and nervously reading his speech from note cards [just another bad day in the 1st District?].
Friday, August 19, 2011
Overcharging Practices in San Bernardino County DA's Office Exposed by Jeff Burum's Lawyer!!
Jeff Burum of the Colonies Group still stands charged with conspiracy to commit a crime (I guess someone will figure out what that is and report on it) and a conflict of interest count (the latter of which appears to pertains to public officials,which Burum wasn't unless he was given some Board of Supervisor "appointment" or "deputized"). The remarkable part of all this is gracefully dodged by the press. The DA's office burdened the system with the overcharging of a defendant. Burum had the money to fight it. Most don't. Overcharging has to stop. Its bad policy and a waste of resources.
Read more: http://www.sbsun.com/news/ci_18716779#ixzz1VWl0YY2a
Read more: http://www.sbsun.com/news/ci_18716779#ixzz1VWl0YY2a
Thursday, August 18, 2011
Decision Fatigue...a New Study that attempts to explain certain types of legal decision-making....
An essay in the New York Times by John Tierney (tierneylab@nytimes.com), a science columnist for The Times (who based his essay on a book he wrote with Roy F. Baumeister, “Willpower: Rediscovering the Greatest Human Strength”] talks about a clinical phenomenon called "Decision Fatigue" [http://www.nytimes.com/2011/08/21/magazine/do-you-suffer-from-decision-fatigue.html?]
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Kinda interesting. In a study of parole board hearings & awards, the article noted:
..."There was a pattern to the parole board’s decisions, but it wasn’t related to the men’s ethnic backgrounds, crimes or sentences. It was all about timing, as researchers discovered by analyzing more than 1,100 decisions over the course of a year. Judges, who would hear the prisoners’ appeals and then get advice from the other members of the board, approved parole in about a third of the cases, but the probability of being paroled fluctuated wildly throughout the day. Prisoners who appeared early in the morning received parole about 70 percent of the time, while those who appeared late in the day were paroled less than 10 percent of the time".
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In discussing ruling from judges, John Tierney's essay went on to in part say:
..."There was nothing malicious or even unusual about the judges’ behavior, which was reported earlier this year by Jonathan Levav of Stanford and Shai Danziger of Ben-Gurion University. The judges’ erratic judgment was due to the occupational hazard of being, as George W. Bush once put it, “the decider.” The mental work of ruling on case after case, whatever the individual merits, wore them down. This sort of decision fatigue can make quarterbacks prone to dubious choices late in the game and C.F.O.’s prone to disastrous dalliances late in the evening. It routinely warps the judgment of everyone, executive and nonexecutive, rich and poor — in fact, it can take a special toll on the poor. Yet few people are even aware of it, and researchers are only beginning to understand why it happens and how to counteract it".
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I think I'll buy the book. Maybe every judge, parole board member and attorney (or other high volume decision-maker) should get a copy to better understand the toll heavy calenders, staff shortages and long days create.
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Kinda interesting. In a study of parole board hearings & awards, the article noted:
..."There was a pattern to the parole board’s decisions, but it wasn’t related to the men’s ethnic backgrounds, crimes or sentences. It was all about timing, as researchers discovered by analyzing more than 1,100 decisions over the course of a year. Judges, who would hear the prisoners’ appeals and then get advice from the other members of the board, approved parole in about a third of the cases, but the probability of being paroled fluctuated wildly throughout the day. Prisoners who appeared early in the morning received parole about 70 percent of the time, while those who appeared late in the day were paroled less than 10 percent of the time".
.
In discussing ruling from judges, John Tierney's essay went on to in part say:
..."There was nothing malicious or even unusual about the judges’ behavior, which was reported earlier this year by Jonathan Levav of Stanford and Shai Danziger of Ben-Gurion University. The judges’ erratic judgment was due to the occupational hazard of being, as George W. Bush once put it, “the decider.” The mental work of ruling on case after case, whatever the individual merits, wore them down. This sort of decision fatigue can make quarterbacks prone to dubious choices late in the game and C.F.O.’s prone to disastrous dalliances late in the evening. It routinely warps the judgment of everyone, executive and nonexecutive, rich and poor — in fact, it can take a special toll on the poor. Yet few people are even aware of it, and researchers are only beginning to understand why it happens and how to counteract it".
.
I think I'll buy the book. Maybe every judge, parole board member and attorney (or other high volume decision-maker) should get a copy to better understand the toll heavy calenders, staff shortages and long days create.
Wednesday, August 10, 2011
Cocaine on almost all our money & drug sniffing poochies
90% of cash has cocaine residue? See:
(1) http://www.sciencedaily.com/releases/2009/08/090816211843.htm
(2) http://www.cnn.com/2009/HEALTH/08/14/cocaine.traces.money/index.html
(3) http://portal.acs.org/portal/acs/corg/content?_nfpb=true&_pageLabel=PP_ARTICLEMAIN&node_id=222&content_id=CNBP_022755&use_sec=true&sec_url_var=region1&__uuid=a84edc7b-7522-4ce8-a5b3-fb1a5005cbad.
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I guess bank tellers or other cash handlers should be aware. Drug sniffing doggies have a lot of distractions it would seem. New cases coming out on K-9 "evidence". Stay tuned.
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(1) http://www.sciencedaily.com/releases/2009/08/090816211843.htm
(2) http://www.cnn.com/2009/HEALTH/08/14/cocaine.traces.money/index.html
(3) http://portal.acs.org/portal/acs/corg/content?_nfpb=true&_pageLabel=PP_ARTICLEMAIN&node_id=222&content_id=CNBP_022755&use_sec=true&sec_url_var=region1&__uuid=a84edc7b-7522-4ce8-a5b3-fb1a5005cbad.
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I guess bank tellers or other cash handlers should be aware. Drug sniffing doggies have a lot of distractions it would seem. New cases coming out on K-9 "evidence". Stay tuned.
.
Tuesday, August 9, 2011
Recent DNA Testing Proves 10 Teens Tried & Incarcerated as Adults were Innocent!! You Can Help Work for their Release!!!
Recent DNA testing has proven the innocence of 10 Black men who were were only children when they were forced by Illinois police to confess to murders they didn't commit. One wonders how many in State Prison today would be proven innocent with current DNA testing done in their cases?
Some were imprisoned for nearly 20 years, but despite the overwhelming evidence, which has even linked the crimes to the real killers, Illinois refuses to recognize their innocence.
If enough of us speak out, we can expose these injustices and force the state of Illinois to do right by these men. Please join us in demanding that State Attorney Anita Alvarez immediately agree to overturn their convictions. It takes just a moment:
http://act.colorofchange.org/sign/Cook_County/
The Dixmoor Five
In the first case, which occurred in October 1992, five Black teenagers, later called the Dixmoor Five, were arrested in Cook County, IL for the sexual assault and murder of 14-year-old Cateresa Matthews. Three of the five boys confessed to the crime in exchange for lighter sentences and testified against the others. They've since recanted their testimony, with one man claiming that he was tricked into signing a confession by local police. [“DNA evidence links man to 1991 murder, may clear 5 convicted in case,” Chicago Tribune,04-15-11,http://act.colorofchange.org/go/929?akid=2099.107577.QHCRHr&t=7]
A few months ago, DNA samples taken from the victim were tested using modern techniques. The DNA didn't belong to any of the men accused of her rape and murder — instead it was linked to a convicted rapist and armed robber who was 32 years old at the time. ["State's response to petition for relief from judgement,"Circuit Ct. Cook County,04-29-11 http://act.colorofchange.org/go/931?akid=2099.107577.QHCRHr&t=9]
In the face of this overwhelming evidence, the State's Attorney's office stubbornly downplayed the significance of the DNA evidence and opposed the release of the men which makes you wonder about what some prosecutors are made of. Isn't Cook County the Prez's home county? Maybe a pardon should be given?
The Englewood Five
Two-and-a-half years later, five more Black Cook County teenagers, known as the Englewood Five, were taken into custody for the sexual assault and murder of a 30-year-old woman named Nina Glover. In this case, five juvenile confessions resulted in the convictions of four teenagers (aged 14-18 at the time). While one teenager wasn't convicted, the other four received lengthy prison sentences. Recently, DNA extracted from the victim was matched to a now deceased serial rapist and murderer — a man who has a history of preying on women and strangling them.
[“Man convicted in 1994 rape, murder pins hopes on advanced DNA test,” Chicago Tribune,03-25-11,http://act.colorofchange.org/go/930?akid=2099.107577.QHCRHr&t=11]
The State has argued that any DNA match in this case would be inconclusive due to the lifestyle of the victim, who was known to engage in prostitution. However, the semen found in the strangled body of Ms. Glover is from a man that the Cook County State's Attorney's office has long believed was responsible for two strangulation-murders of prostitutes and violent assaults of at least five others.["State's motion to dismiss request for post-conviction DNA testing," Circuit Court of Cook County, 01-19-2011,http://act.colorofchange.org/go/932?akid=2099.107577.QHCRHr&t=134]. Isn't Cook County the Prez's home county? Maybe a pardon should be given?
The Common Thread
The thread that connects both these cases? The teenagers were incarcerated as a result of confessions we now know were forced by police. Eight of the 10 teenagers confessed to police during intense and coercive interrogations, and six of the now grown men are still in custody.
Coerced confessions play a part in almost a quarter of all wrongful convictions nationwide. ["Understand the Causes," Innocence Projecthttp://act.colorofchange.org/go/934?akid=2099.107577.QHCRHr&t=15]. Even the U.S. Supreme Court has recognized that teenagers are particularly susceptible to falsely incriminating themselves during questioning from police and should not be subjected to harsh interrogation tactics. [“Supreme Court case J.D.B. v. North Carolina,” Supreme Court opinion, October, 2010, “http://act.colorofchange.org/go/928?akid=2099.107577.QHCRHr&t=171]
Coercive interrogation practices must come to an end. Ensuring the release of these men wouldn't just help correct a gross injustice — it would send a message to law enforcement that they can't get away with forcing teenagers to confess to crimes they didn't commit, and that this practice compromises the entire public's safety.
Please join us in demanding that Cook County State's Attorney Anita Alvarez agree to vacate the convictions of these young Black men, and when you do, ask your friends and family to do the same:
http://act.colorofchange.org/sign/Cook_County/ [or call President Obama and urge him to pardon these young men while they have a life to live)
Some were imprisoned for nearly 20 years, but despite the overwhelming evidence, which has even linked the crimes to the real killers, Illinois refuses to recognize their innocence.
If enough of us speak out, we can expose these injustices and force the state of Illinois to do right by these men. Please join us in demanding that State Attorney Anita Alvarez immediately agree to overturn their convictions. It takes just a moment:
http://act.colorofchange.org/sign/Cook_County/
The Dixmoor Five
In the first case, which occurred in October 1992, five Black teenagers, later called the Dixmoor Five, were arrested in Cook County, IL for the sexual assault and murder of 14-year-old Cateresa Matthews. Three of the five boys confessed to the crime in exchange for lighter sentences and testified against the others. They've since recanted their testimony, with one man claiming that he was tricked into signing a confession by local police. [“DNA evidence links man to 1991 murder, may clear 5 convicted in case,” Chicago Tribune,04-15-11,http://act.colorofchange.org/go/929?akid=2099.107577.QHCRHr&t=7]
A few months ago, DNA samples taken from the victim were tested using modern techniques. The DNA didn't belong to any of the men accused of her rape and murder — instead it was linked to a convicted rapist and armed robber who was 32 years old at the time. ["State's response to petition for relief from judgement,"Circuit Ct. Cook County,04-29-11 http://act.colorofchange.org/go/931?akid=2099.107577.QHCRHr&t=9]
In the face of this overwhelming evidence, the State's Attorney's office stubbornly downplayed the significance of the DNA evidence and opposed the release of the men which makes you wonder about what some prosecutors are made of. Isn't Cook County the Prez's home county? Maybe a pardon should be given?
The Englewood Five
Two-and-a-half years later, five more Black Cook County teenagers, known as the Englewood Five, were taken into custody for the sexual assault and murder of a 30-year-old woman named Nina Glover. In this case, five juvenile confessions resulted in the convictions of four teenagers (aged 14-18 at the time). While one teenager wasn't convicted, the other four received lengthy prison sentences. Recently, DNA extracted from the victim was matched to a now deceased serial rapist and murderer — a man who has a history of preying on women and strangling them.
[“Man convicted in 1994 rape, murder pins hopes on advanced DNA test,” Chicago Tribune,03-25-11,http://act.colorofchange.org/go/930?akid=2099.107577.QHCRHr&t=11]
The State has argued that any DNA match in this case would be inconclusive due to the lifestyle of the victim, who was known to engage in prostitution. However, the semen found in the strangled body of Ms. Glover is from a man that the Cook County State's Attorney's office has long believed was responsible for two strangulation-murders of prostitutes and violent assaults of at least five others.["State's motion to dismiss request for post-conviction DNA testing," Circuit Court of Cook County, 01-19-2011,http://act.colorofchange.org/go/932?akid=2099.107577.QHCRHr&t=134]. Isn't Cook County the Prez's home county? Maybe a pardon should be given?
The Common Thread
The thread that connects both these cases? The teenagers were incarcerated as a result of confessions we now know were forced by police. Eight of the 10 teenagers confessed to police during intense and coercive interrogations, and six of the now grown men are still in custody.
Coerced confessions play a part in almost a quarter of all wrongful convictions nationwide. ["Understand the Causes," Innocence Projecthttp://act.colorofchange.org/go/934?akid=2099.107577.QHCRHr&t=15]. Even the U.S. Supreme Court has recognized that teenagers are particularly susceptible to falsely incriminating themselves during questioning from police and should not be subjected to harsh interrogation tactics. [“Supreme Court case J.D.B. v. North Carolina,” Supreme Court opinion, October, 2010, “http://act.colorofchange.org/go/928?akid=2099.107577.QHCRHr&t=171]
Coercive interrogation practices must come to an end. Ensuring the release of these men wouldn't just help correct a gross injustice — it would send a message to law enforcement that they can't get away with forcing teenagers to confess to crimes they didn't commit, and that this practice compromises the entire public's safety.
Please join us in demanding that Cook County State's Attorney Anita Alvarez agree to vacate the convictions of these young Black men, and when you do, ask your friends and family to do the same:
http://act.colorofchange.org/sign/Cook_County/ [or call President Obama and urge him to pardon these young men while they have a life to live)
Why is the San Bernardin County DA's Office Trying to Stall Recovery in the Flood Control Case?
In the San Bernardino Sun July 29, 2011 article entitled Judge to continue review of stay in SB County lawsuit [by Sandra Emerson Staff Writer] posted: 07/29/2011 04:37:30 PM PDT [See http://www.sbsun.com/sbcountywatch/ci_18579654] the County DA's office is recommending the San Bernardino County Flood Control District lawsuit be stayed ["Both cases (the civil recovery & criminal)have received a significant amount of publicity in San Bernardino County and it could be highly prejudicial to the prosecution or the defense if such finding were made in advance of the trial in the criminal case," Hackleman said. Hackleman said there is also concern that findings in the civil case could become the subject of the criminal proceedings. Discovery in the civil case will overlap with the criminal case, including but not limited to the depositions of some or all of the criminal defendants and material witnesses"]
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Blogger Bob's comments:
(1) Why should the indemnity case be stayed? Are the criminal defendants charged but not convicted asking for a stay? Nope.
(2) If the case has merit, pursue it and get the money back. What is Janice Rutherford worried about (a competent prosecution team in the civil case finding her out)?
(3) If it doesn't have merit dismiss it.
(4) I think an OSC re dismissal is what some federal judges might do (I know this is a state court case, but San Diego has been progressive in case calender management).
(5) Frankly with a different burden of proof in civil cases, the County might get some money back now and not have to wait for the ever foot-dragging persona of the DA's public integrity unit to get out of its own way.
(6)I think the DA is maybe worried that their star witnesses, when vetted in front of a San Diego County jury, will not be credible (heck many are felons, some with histories of drug addiction and some with public statements denying any wrongdoing--some might call that uncharged perjury), which may weaken their chances on any of the remaining criminal prosecutions.
(7) Shouldn't the $20 million in taxpayer's money for legal fees come to some fruition now? Given the obvious problem the DA's office is getting these cases to disposition (the State AG's office has brought people in to help), you'd think, if the cases against the charged defendants had merit, they'd welcome the help of the lawyers prosecuting the civil case.
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Blogger Bob's comments:
(1) Why should the indemnity case be stayed? Are the criminal defendants charged but not convicted asking for a stay? Nope.
(2) If the case has merit, pursue it and get the money back. What is Janice Rutherford worried about (a competent prosecution team in the civil case finding her out)?
(3) If it doesn't have merit dismiss it.
(4) I think an OSC re dismissal is what some federal judges might do (I know this is a state court case, but San Diego has been progressive in case calender management).
(5) Frankly with a different burden of proof in civil cases, the County might get some money back now and not have to wait for the ever foot-dragging persona of the DA's public integrity unit to get out of its own way.
(6)I think the DA is maybe worried that their star witnesses, when vetted in front of a San Diego County jury, will not be credible (heck many are felons, some with histories of drug addiction and some with public statements denying any wrongdoing--some might call that uncharged perjury), which may weaken their chances on any of the remaining criminal prosecutions.
(7) Shouldn't the $20 million in taxpayer's money for legal fees come to some fruition now? Given the obvious problem the DA's office is getting these cases to disposition (the State AG's office has brought people in to help), you'd think, if the cases against the charged defendants had merit, they'd welcome the help of the lawyers prosecuting the civil case.
Monday, August 8, 2011
Prosecutions for Criticizing Ramos or Hoops Next??
Here's an article---nothing like criminalizing dissent----this kinda reminds me of the politically-motivated prosecutions that the DA's office has been accused of in San Bernardno County to make examples of those that dare criticize power figures in the DA's political party [week long prosecutions of a political opponent of a powerful republican mayor over an alleged taking of $2.00 campaign sign on election day or the alleged sexual groping by an hispanic that beat that same powerful entrenched republican mayor]. Maybe this is something to watch. Heck gang injunctions (another one was sought in the Colton area) at their core criminalize another first amendment right, the freedom of association on the presumed likelihood of criminal conduct resulting per se from gang members talking in public. If we are going to start down this road of censorship, we should prosecute to try and ban all the cop shows on TV that show cops having sex with their partners , drinking etc [e.g. Southland; Rookie Blue, etc-- how are these shows any different?]
Blogger Bob
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Article: [link location: http://www.kirotv.com/news/28758502/detail.html or
http://www.kirotv.com/investigations/28758502/detail.html]:
"Cartoonist Targeted With Criminal Probe For Mocking Police
Chris Halsne
KIRO 7 Eyewitness News Investigative Reporter
Posted: 4:46 pm PDT August 3, 2011Updated: 7:55 am PDT August 5, 2011
RENTON, Wash. -- The Renton City Prosecutor wants to send a cartoonist to jail for mocking the police department in a series of animated Internet videos.
The "South-Park"-style animations parody everything from officers having sex on duty to certain personnel getting promoted without necessary qualifications. While the city wants to criminalize the cartoons, First Amendment rights advocates say the move is an "extreme abuse of power."
Only KIRO Team 7 Investigative Reporter Chris Halsne holds a key document that really lays bare the city’s intent. The document was quietly filed in King County Superior Court last week. It’s a search warrant accusing an anonymous cartoon creator, going by the name of Mr. Fiddlesticks, of cyberstalking (RCW 9.61.260). The Renton Police Department and the local prosecutor got a judge to sign off as a way to uncover the name of whoever is behind the parodies. Halsne talked with three nationally respected legal experts who believe the use of the cyberstalking statute is likely stomping on the constitution.
Email Your Tip To Chris Halsne
The series of web-based short cartoons feature a mustachioed street cop and a short-haired female bureaucrat. The dry, at times, witty banter between the two touches on some embarrassing insider secrets, some of which seem to match up with internal affairs investigations on file within Renton PD.
UNCUT: Job Tips Parody [Warning: Profanity]
UNCUT: Promotion Parody
UNCUT: Reprimand Parody
UNCUT: Lawyer Parody
UNCUT: Locker Room Parody
UNCUT: Jail Parody
Cartoon Character of Officer: "Is there any reason why an anonymous video, with no identifying information that ties it to the department or city is being taken more seriously than officers having sex on duty, arguing with outside agencies while in a drunken stupor off duty, sleeping while on duty, throwing someone off a bridge, and having inappropriate relationships with coworkers and committing adultery?"
Cartoon Character of Bureaucrat: "The reason is that internal dirt is internal. The department will crucify certain people and take care of others."
A criminal court document, uncovered by Team 7 Investigators, not only shows how badly the city of Renton wants to "out" the cartoonist (who goes by the name MrFiddlesticks), but states some of the fake character's lines discuss real life incidents.
For example, the search warrant says one cartoon statement "discussed a past incident that has already been investigated…..regarding a dating relationship (a female detective) had with a suspect." An embarrassing revelation; yes, but criminal?
We asked attorney Venkat Balasubramani to review several parody videos and the court documents. He's an expert in cyber-law and constitutional issues.
“The cyberstalking angle doesn't pass the laugh test," Balasubramani told KIRO-TV. "It's a serious stretch and I'd be surprised if somebody looked at it and realistically thought these acts actually fit the statute and we could make somebody criminally liable."
When we asked about the more likely scenario, Balasubramani said, "I think they were trying to get at the speaker and they looked around for a statute that shoehorned their conduct into and sent that to Google and said ‘turn over the information.”
Historically, Google and You-Tube are far more likely to cough up an anonymous animator's real name when there's a criminal case, as opposed to just an internal affairs investigation into some personnel issues.
KIRO Team 7 Investigators went to the City Attorney's office to ask the chief prosecutor, Shawn Arthur, his motivations to criminalize cartoon creators. Halsne was told to leave a handwritten note. We did not hear back from Arthur. A similar thing happened at the Renton police department. A spokesperson told Halsne that Chief Kevin Milosevich was unavailable.
Team 7 Investigators, however, did track down Penny Bartley. She’s a former Renton Police Public Information Officer and current jail administrator, which court records say is the female bureaucrat in some of the cartoons.
The mystery animator makes fun of her ankles and questions her resume, yet Bartley wouldn’t talk about the parodies, except to say the city prosecutor never contacted her regarding the filing of a criminal warrant.
Halsne: "The video is insulting to you. Can't you at least step out and talk about how that makes you feel?"
Bartley: "I'm not going to talk about that."
Halsne: "So you're not offended?"
Bartley: "I'm not going to comment on this Chris, I've said that."
KIRO-TV found two of the full parodies still hanging around the web (which are now posted on our site), but police said there were 6 or 7 additional cartoons created with animation software at www.xtranorma.com and posted under a pseudonyms. KIRO-TV has since obtained four more videos.
When KIRO 7 Eyewitness News asked for comment from the city, we were told that there is a point person in charge of comments, and that person is on vacation in Canada."
[end of article]
Blogger Bob
.
Article: [link location: http://www.kirotv.com/news/28758502/detail.html or
http://www.kirotv.com/investigations/28758502/detail.html]:
"Cartoonist Targeted With Criminal Probe For Mocking Police
Chris Halsne
KIRO 7 Eyewitness News Investigative Reporter
Posted: 4:46 pm PDT August 3, 2011Updated: 7:55 am PDT August 5, 2011
RENTON, Wash. -- The Renton City Prosecutor wants to send a cartoonist to jail for mocking the police department in a series of animated Internet videos.
The "South-Park"-style animations parody everything from officers having sex on duty to certain personnel getting promoted without necessary qualifications. While the city wants to criminalize the cartoons, First Amendment rights advocates say the move is an "extreme abuse of power."
Only KIRO Team 7 Investigative Reporter Chris Halsne holds a key document that really lays bare the city’s intent. The document was quietly filed in King County Superior Court last week. It’s a search warrant accusing an anonymous cartoon creator, going by the name of Mr. Fiddlesticks, of cyberstalking (RCW 9.61.260). The Renton Police Department and the local prosecutor got a judge to sign off as a way to uncover the name of whoever is behind the parodies. Halsne talked with three nationally respected legal experts who believe the use of the cyberstalking statute is likely stomping on the constitution.
Email Your Tip To Chris Halsne
The series of web-based short cartoons feature a mustachioed street cop and a short-haired female bureaucrat. The dry, at times, witty banter between the two touches on some embarrassing insider secrets, some of which seem to match up with internal affairs investigations on file within Renton PD.
UNCUT: Job Tips Parody [Warning: Profanity]
UNCUT: Promotion Parody
UNCUT: Reprimand Parody
UNCUT: Lawyer Parody
UNCUT: Locker Room Parody
UNCUT: Jail Parody
Cartoon Character of Officer: "Is there any reason why an anonymous video, with no identifying information that ties it to the department or city is being taken more seriously than officers having sex on duty, arguing with outside agencies while in a drunken stupor off duty, sleeping while on duty, throwing someone off a bridge, and having inappropriate relationships with coworkers and committing adultery?"
Cartoon Character of Bureaucrat: "The reason is that internal dirt is internal. The department will crucify certain people and take care of others."
A criminal court document, uncovered by Team 7 Investigators, not only shows how badly the city of Renton wants to "out" the cartoonist (who goes by the name MrFiddlesticks), but states some of the fake character's lines discuss real life incidents.
For example, the search warrant says one cartoon statement "discussed a past incident that has already been investigated…..regarding a dating relationship (a female detective) had with a suspect." An embarrassing revelation; yes, but criminal?
We asked attorney Venkat Balasubramani to review several parody videos and the court documents. He's an expert in cyber-law and constitutional issues.
“The cyberstalking angle doesn't pass the laugh test," Balasubramani told KIRO-TV. "It's a serious stretch and I'd be surprised if somebody looked at it and realistically thought these acts actually fit the statute and we could make somebody criminally liable."
When we asked about the more likely scenario, Balasubramani said, "I think they were trying to get at the speaker and they looked around for a statute that shoehorned their conduct into and sent that to Google and said ‘turn over the information.”
Historically, Google and You-Tube are far more likely to cough up an anonymous animator's real name when there's a criminal case, as opposed to just an internal affairs investigation into some personnel issues.
KIRO Team 7 Investigators went to the City Attorney's office to ask the chief prosecutor, Shawn Arthur, his motivations to criminalize cartoon creators. Halsne was told to leave a handwritten note. We did not hear back from Arthur. A similar thing happened at the Renton police department. A spokesperson told Halsne that Chief Kevin Milosevich was unavailable.
Team 7 Investigators, however, did track down Penny Bartley. She’s a former Renton Police Public Information Officer and current jail administrator, which court records say is the female bureaucrat in some of the cartoons.
The mystery animator makes fun of her ankles and questions her resume, yet Bartley wouldn’t talk about the parodies, except to say the city prosecutor never contacted her regarding the filing of a criminal warrant.
Halsne: "The video is insulting to you. Can't you at least step out and talk about how that makes you feel?"
Bartley: "I'm not going to talk about that."
Halsne: "So you're not offended?"
Bartley: "I'm not going to comment on this Chris, I've said that."
KIRO-TV found two of the full parodies still hanging around the web (which are now posted on our site), but police said there were 6 or 7 additional cartoons created with animation software at www.xtranorma.com and posted under a pseudonyms. KIRO-TV has since obtained four more videos.
When KIRO 7 Eyewitness News asked for comment from the city, we were told that there is a point person in charge of comments, and that person is on vacation in Canada."
[end of article]
Friday, August 5, 2011
MUST SEE! Ex-CIA Agent Explains How Bloggers Can "Dump Congress On Its Ass"
This was something I listened to today. Its off theme to this blog, but maybe not depending on where we go in the next few months. Parts of it harmonize with what I have read elsewhere. Its food for thought and to the extent it recognizes the self empowerment we as citizens can have with blogging, I share it:
Friday, July 22, 2011
Where is the Barstow Police Chief?
After weeks of speculation about the absence of Barstow’s police chief, the city manager confirmed that the chief has been placed on administrative leave. Barstow City Manager Curt Mitchell said he could not provide an explanation why Barstow Police Chief Dianne Burns was placed on administrative leave and said it was unknown how long her leave would last.
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City officials had previously said Burns was on an extended vacation — which began July 18.
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Today, the City ain't talking.
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Blogger Bob: Let me see, Larry Halstead (a former area democratic activist) was prosecuted by Barstow's finest (and Mike Ramos' office) for picking up a $2.00 political sign on election day (Chief Burns personally was involved in the investigation at the insistence some say of defeated Mayor Dale), current Mayor Joe Gomez (the first Hispanic and Democratic Mayor of Barstow) is being prosecuted for an alleged sexual assault crime (allegedly Gomez grabbed a former high school acquaintance's buttock) is facing RSO (registered sex offender) terms if convicted (which would of course force his resignation) while a recent Deputy Sheriff who had sex with an explorer scout (minor at the time) was reportedly offered a mild sentence with no RSO terms [A San Bernardino County Sheriff’s deputy Anthony Benjamin pleaded no contest on Wednesday to charges that he had sex with an underage teenager. The 16-year-old girl was a member of the department’s Explorer Scout program. Under a plea agreement with prosecutors, the 30-year old deputy will not have to register as a sex offender; source: | Steven Cuevas | KPCC @ www.scpr.org/news/2011/07/14/27739/bernardino-county-sheriff-deputy-accused-sex-under/] Interesting.
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City officials had previously said Burns was on an extended vacation — which began July 18.
.
Today, the City ain't talking.
.
Blogger Bob: Let me see, Larry Halstead (a former area democratic activist) was prosecuted by Barstow's finest (and Mike Ramos' office) for picking up a $2.00 political sign on election day (Chief Burns personally was involved in the investigation at the insistence some say of defeated Mayor Dale), current Mayor Joe Gomez (the first Hispanic and Democratic Mayor of Barstow) is being prosecuted for an alleged sexual assault crime (allegedly Gomez grabbed a former high school acquaintance's buttock) is facing RSO (registered sex offender) terms if convicted (which would of course force his resignation) while a recent Deputy Sheriff who had sex with an explorer scout (minor at the time) was reportedly offered a mild sentence with no RSO terms [A San Bernardino County Sheriff’s deputy Anthony Benjamin pleaded no contest on Wednesday to charges that he had sex with an underage teenager. The 16-year-old girl was a member of the department’s Explorer Scout program. Under a plea agreement with prosecutors, the 30-year old deputy will not have to register as a sex offender; source: | Steven Cuevas | KPCC @ www.scpr.org/news/2011/07/14/27739/bernardino-county-sheriff-deputy-accused-sex-under/] Interesting.
Wednesday, July 20, 2011
When We Waste Money on Politically-motivated Prosecutions & Death Penalty Prosecutions, the Administration of Justice Suffers!!(court staff layoffs)
In a Los Angeles Times piece, the hits that are coming and will continue to come from diversion of resources to politically motivated prosecutions, making people plead the sheet (vs negotiating an appropriate charge which includes lesser and includeds listed in the indictment/complaint), harassing lawfully operating medical marijuana dispensaries and insisting on death penalty prosecutions (when we can't afford them, vs life sentences-see http://informant.kalwnews.org/2011/07/the-high-cost-of-capital-punishment-in-california/), taking insurance fraud prosecutions for greedy insurance companies in cases where the prosecution is being done in retaliation for the claimants or applicant refusing to accept an unreasonable offer vs paying court staff needed to get the cases through the system are coming to pass. The tragic narrow-mindedness is the resulting likely case backlog growth, which may cause cases to be dismissed or reduce the number of new cases the DA's offices can accept and handle [See: http://www.latimes.com/news/local/la-me-0720-court-cuts-20110720,0,6855877.story].
Wednesday, July 13, 2011
Boeing, Boeing Gone is Josie Gonzales' & Pat Morris' Credibility?
On July 12, 2011, the San Bernardino Sun in part reported:
"Members of the San Bernardino International Airport Authority - a joint powers authority composed of the county of San Bernardino and the cities of San Bernardino, Colton, Loma Linda and Highland - said they will file a formal response by Aug. 30 to try and undo the damage from what they called a "hit piece."
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"The consequence is that we will wear this like an ugly, wet suit wherever we go," said Josie Gonzales, chairwoman for the county Board of Supervisors, and member of the SBIAA board. The Grand Jury report said the SBIAA has engaged in questionable practices in regard to its finances, construction management and how it awards developer contracts.
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The civil Grand Jury commissioned an audit of the airport following complaints it received two years ago of irregularities occurring at the former Norton Air Force Base.
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The audit raised questions about the SBIAA's oversight of spending, rising costs of projects, and its relationship with Scot Spencer, a convicted felon who has served time in federal prison for bankruptcy fraud and has been banned from the aviation industry.
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The U.S. Department of Transportation fined Spencer $1 million and banned him from the aviation industry, but the fine remains unpaid.
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Still, the airport authority has entered into multiple contracts with Spencer.
...
Airport officials said they are concerned that the report will harm efforts to land a commercial airline, as well as bring business to the surrounding area.
Mayor Pat Morris, who is the SBIAA's board president, said the implications of the report are profound, and the alleged errors in it will be addressed in the coming weeks."There are some real damning factual errors in here that have to be be unmasked..." Morris said.
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He said the airport authority will address the Grand Jury report issue by issue at its upcoming meetings, leading up to its written response.
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"It's going to have to be done in public in the interest of being transparent and in the interest of having the public take a look at how we actually have intended and will continue to intend to run the business of SBIA," Gonzales said.
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Morris said the SBIAA received the Grand Jury report 48 hours before it was published, and that airport officials were not given time to address factual errors in the document, as had allegedly been promised.
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Officials also said that the auditors ignored vital information that the SBIAA offered them for their report.
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"A lot of the fundamental things they are saying in here we do not agree with," Rogers said.
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Those include how the airport has awarded contracts for work, and how it purchased equipment for projects.
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As for Spencer's involvement, Gonzales said the SBIAA intends to seek outside legal opinion on the matter.
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"My own due diligence says this is not an issue," said Tim Sabo, the attorney for the airport board.
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Rogers said Boeing Co., which tests its jets at the airport, wouldn't do business there if it had concerns about Spencer, who has led development of the airport since 2003.
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"They trust him," Rogers said. ... [Read more: http://www.sbsun.com/news/ci_"]
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Blogger Bob's comment: That Boeing, who has its own history of allegedly buying politicians, "trust(s) [Spencer]", a convicted felon, probably is not big news, but Mayor (and former Judge) Morris & Board of Supervisor Chair Josie Gonzales knowingly do business with those that trust such a convicted felon [Spencer] is probably the biggest news. Also, if the U.S. Department of Transportation has fined Spencer $1 million (which remains unpaid), banned him from the aviation industry and the San Bernardino International Airport Authority is signing contracts with Spencer, no wonder they can't bring regularly scheduled commercial flights to the airport!
"Members of the San Bernardino International Airport Authority - a joint powers authority composed of the county of San Bernardino and the cities of San Bernardino, Colton, Loma Linda and Highland - said they will file a formal response by Aug. 30 to try and undo the damage from what they called a "hit piece."
.
"The consequence is that we will wear this like an ugly, wet suit wherever we go," said Josie Gonzales, chairwoman for the county Board of Supervisors, and member of the SBIAA board. The Grand Jury report said the SBIAA has engaged in questionable practices in regard to its finances, construction management and how it awards developer contracts.
.
The civil Grand Jury commissioned an audit of the airport following complaints it received two years ago of irregularities occurring at the former Norton Air Force Base.
.
The audit raised questions about the SBIAA's oversight of spending, rising costs of projects, and its relationship with Scot Spencer, a convicted felon who has served time in federal prison for bankruptcy fraud and has been banned from the aviation industry.
.
The U.S. Department of Transportation fined Spencer $1 million and banned him from the aviation industry, but the fine remains unpaid.
.
Still, the airport authority has entered into multiple contracts with Spencer.
...
Airport officials said they are concerned that the report will harm efforts to land a commercial airline, as well as bring business to the surrounding area.
Mayor Pat Morris, who is the SBIAA's board president, said the implications of the report are profound, and the alleged errors in it will be addressed in the coming weeks."There are some real damning factual errors in here that have to be be unmasked..." Morris said.
.
He said the airport authority will address the Grand Jury report issue by issue at its upcoming meetings, leading up to its written response.
.
"It's going to have to be done in public in the interest of being transparent and in the interest of having the public take a look at how we actually have intended and will continue to intend to run the business of SBIA," Gonzales said.
.
Morris said the SBIAA received the Grand Jury report 48 hours before it was published, and that airport officials were not given time to address factual errors in the document, as had allegedly been promised.
.
Officials also said that the auditors ignored vital information that the SBIAA offered them for their report.
.
"A lot of the fundamental things they are saying in here we do not agree with," Rogers said.
.
Those include how the airport has awarded contracts for work, and how it purchased equipment for projects.
.
As for Spencer's involvement, Gonzales said the SBIAA intends to seek outside legal opinion on the matter.
.
"My own due diligence says this is not an issue," said Tim Sabo, the attorney for the airport board.
.
Rogers said Boeing Co., which tests its jets at the airport, wouldn't do business there if it had concerns about Spencer, who has led development of the airport since 2003.
.
"They trust him," Rogers said. ... [Read more: http://www.sbsun.com/news/ci_"]
.
Blogger Bob's comment: That Boeing, who has its own history of allegedly buying politicians, "trust(s) [Spencer]", a convicted felon, probably is not big news, but Mayor (and former Judge) Morris & Board of Supervisor Chair Josie Gonzales knowingly do business with those that trust such a convicted felon [Spencer] is probably the biggest news. Also, if the U.S. Department of Transportation has fined Spencer $1 million (which remains unpaid), banned him from the aviation industry and the San Bernardino International Airport Authority is signing contracts with Spencer, no wonder they can't bring regularly scheduled commercial flights to the airport!
Tuesday, July 12, 2011
Spanky's, LLC, Wonderful Memories Child Care Center Inc, Greater High Desert Investments, LLC & Educational Development, Inc -- Mitzelfelt funnels?
(1) Educational Development, Inc with a corporate address of 14653 Airbase Road, Mountain Home, Idaho, lists in Articles of Incorporation filed that John Dino Defazio is "the Incorporator" & the "registered agent"; if its the same guy that has been indicted in San Bernardino County (and a Postmus ally), what is a real estate broker with alleged ties to charter schools in San Bernardino County doing creating an educational business in Idaho?? What money was funding that corporation? What money did it spend? Who did it go to?
(2) Spanky's, LLC (with a mailing address on the Idaho Secretary of State website of 12127 Mall Blvd, Suite A, Victorville and a physical office address of 101 Convention Center Drive, Las Vegas) was started February 2, 2007 & lists a Jessie Flores as the "registered agent" in Idaho with an address of 14653 Airbase Road, Mountain Home, Idaho; if it is the same Jessie Flores that was Postmus' staffer (and later Mitzelfelt's field rep), what was the purpose of this enterprise? Was any of his possible ownership interest disclosed on his FPPC 700 forms?
(3) Wonderful Memories Child Care Center, Inc (with a principal office address on the Idaho Secretary of State website of 930 South 4th Street, Las Vegas, Nevada), shows Jessie Flores as the registered agent at a Mountain Home, Idaho address--incorporation date 7/23/2004. The Jessie Flores is reported as the corporation's director, president & treasurer. If it is the same Jessie Flores that was Postmus' staffer (and later Mitzelfelt's field rep), what was the purpose of this enterprise? Was any of his possible ownership interest disclosed on his FPPC 700 form(s)? Why would a staffer, covering the biggest district in the County, have time for these side treks to Idaho to set up companies suggesting child care services were to be provided? Speaking of time, whose time and money went into this organizational venture ? What was the business of this Investment enterprise? Who was involved? How was it capitalized? What did it spend and on what?
(4) Greater High Desert Investments, LLC was created August 11, 2008 with its initial address of 930 South 4th #150, Las Vegas; the initial registered agent was a William Flores. Also listed as a member or manager of the LLC is the same William Flores; the principle office of the LLC--you guessed it ,Airbase Road, Mountain Home, Idaho; any relationship or involvement of the Jessie Flores working/who worked for Bill Postmus & Mitzelfelt? What was the business of this investment enterprise? Who was involved? How was it capitalized? What did it spend and on what?
(2) Spanky's, LLC (with a mailing address on the Idaho Secretary of State website of 12127 Mall Blvd, Suite A, Victorville and a physical office address of 101 Convention Center Drive, Las Vegas) was started February 2, 2007 & lists a Jessie Flores as the "registered agent" in Idaho with an address of 14653 Airbase Road, Mountain Home, Idaho; if it is the same Jessie Flores that was Postmus' staffer (and later Mitzelfelt's field rep), what was the purpose of this enterprise? Was any of his possible ownership interest disclosed on his FPPC 700 forms?
(3) Wonderful Memories Child Care Center, Inc (with a principal office address on the Idaho Secretary of State website of 930 South 4th Street, Las Vegas, Nevada), shows Jessie Flores as the registered agent at a Mountain Home, Idaho address--incorporation date 7/23/2004. The Jessie Flores is reported as the corporation's director, president & treasurer. If it is the same Jessie Flores that was Postmus' staffer (and later Mitzelfelt's field rep), what was the purpose of this enterprise? Was any of his possible ownership interest disclosed on his FPPC 700 form(s)? Why would a staffer, covering the biggest district in the County, have time for these side treks to Idaho to set up companies suggesting child care services were to be provided? Speaking of time, whose time and money went into this organizational venture ? What was the business of this Investment enterprise? Who was involved? How was it capitalized? What did it spend and on what?
(4) Greater High Desert Investments, LLC was created August 11, 2008 with its initial address of 930 South 4th #150, Las Vegas; the initial registered agent was a William Flores. Also listed as a member or manager of the LLC is the same William Flores; the principle office of the LLC--you guessed it ,Airbase Road, Mountain Home, Idaho; any relationship or involvement of the Jessie Flores working/who worked for Bill Postmus & Mitzelfelt? What was the business of this investment enterprise? Who was involved? How was it capitalized? What did it spend and on what?
Thursday, July 7, 2011
Local 'clown' faces three years for threatening to rape Bell city clerk & a milktoast grand jury report
ET Snell gets in trouble again, but with that said, he was another person who asked questions about this County's corrupted leadership. In expanding his reach to the embattled City of Bell, despite risks to his health/disability,he ran across a city clerk that enraged him/her him and words were allegedly spoken that somehow did not pass 1st amendment muster [See article @: Local 'clown' faces three years for threatening to rape Bell city clerk | threatening, clown, three - High Desert News].
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Heh, did anyone read the grand jury report that just came out? If you read the report you'd never know that this county has developed as one of the worst pay-to-play environments in the country, a county with top elected officials indicted (and in some instances convicted) and what was even more remarkable, is no discussion about recommended steps to catch future missteps before they mature into District Attorney fodder.
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On the 300 page transcript that was not given to two of the four defendants assuming it was not "copied" despite it being proscribed by the Government Code (See July 5, 2011 Press Enterprise article @ http://www.pe.com/localnews/stories/PE_News_Local_D_colonies02.3f3acba.html, relating that the failure to deliver a 300 page volume of transcript caused a delay in arraignment from July 8, 2011 to August 19, 2011), has anyone ever heard of a court reporter scanning onto PDF format the transcript and emailing it? Does the reasoning sound a tad bit pretextual to anyone except me? August 19, 2011 to appear and plead?
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Heh, did anyone read the grand jury report that just came out? If you read the report you'd never know that this county has developed as one of the worst pay-to-play environments in the country, a county with top elected officials indicted (and in some instances convicted) and what was even more remarkable, is no discussion about recommended steps to catch future missteps before they mature into District Attorney fodder.
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On the 300 page transcript that was not given to two of the four defendants assuming it was not "copied" despite it being proscribed by the Government Code (See July 5, 2011 Press Enterprise article @ http://www.pe.com/localnews/stories/PE_News_Local_D_colonies02.3f3acba.html, relating that the failure to deliver a 300 page volume of transcript caused a delay in arraignment from July 8, 2011 to August 19, 2011), has anyone ever heard of a court reporter scanning onto PDF format the transcript and emailing it? Does the reasoning sound a tad bit pretextual to anyone except me? August 19, 2011 to appear and plead?
Wednesday, June 29, 2011
Kamala Harris is Not Leading in Crises Like I Thought She Would
When Kamala Harris came to San Bernardino during her campaign, I asked her how good were her budget hustling skills given the hiring freezes that had been in place since Gov Davis. I note with interest Kamala Harris complaining about the $71 million in cuts the Attorney General's office is facing [See article covering subject @ http://www.legalnewsline.com/news/233141-proposed-budget-cuts-anger-calif.-sc-ag]. $71 million can be cut into by working in more heat in the summer and cool in the winter, switching to LED lighting, not defending death penalty sentences; I think maybe conviction rates were better in the days when people had to open windows and turn the fans on. Maybe we need some televideo appearance legislation so agents and DAGs (Deputy Attorney Generals) can work from a more central and efficient location. Cut traveling to conferences. Buy the DVD's from the conferences and pass them around. If the conference is interactive, use teleconferencing--heck the regional water boards in the state do it (Lahontan Regional Water Quality Control Board)! I have often wondered, with CBA's (Collective Bargaining Agreements) in place that cause DDA's (Deputy District Attorneys) to show up and work their non-overtime hours, and those hours only, maybe its time to not penalize DDA's and investigators (comment directed to Human Resources Managers & union stewards) that might want to work off the clock because of professional pride/dedication. In the Sheriff's offices there are Reserve Deputies that not only donate their time, but often thousands of dollars to being able to assist law enforcement in their communities. The spirit of voluntarism was spoken of by Barack Obama as needing rebirth in this nation for us to fight through our current crises. Policy changes may be needed to not just keep an efficient department, but take it to the next level.
Friday, June 24, 2011
Brad Mitzelfelt @ the Helm -- Does Anyone Smell a Long Term & Coordinated Land Grab in the Making??
Some food for thought for our million dollar man, Brad Mitzelfelt:
1. Litigation between VVEDA [Victor Valley Economic Authority--a interim step to what was rumored to be Terry Caldwell's & Jim Cox's dream of creating a supercity for the High Desert, which absorbed Adelanto, Hesperia, Phelan & Apple Valley under Victorville's leadership's control] & Adelanto; the litigation between VVEDA & Adelanto ends after an election changes the council mix to a pro-Victorville cadre, the water consultant for the Adelanto side in the Adelanto v VVEDA lawsuit (the former 3rd in command in the US EPA) mysteriously dies in his home before the case was to come to trial and the new Adelanto City leadership appoint an attorney to replace the attorney battling for Adelanto; the newly elected Adelanto City team appears to cave on the VVEDA litigation over the base/water rights despite Air Force records showing the U.S. Government considered Adelanto to be the owner of the water rights under the former Air Force base footprint (and in fact paid them for the water used!); shortly thereafter, Hesperia & Apple Valley pull out of VVEDA; Victorville develops the base, gives access to water for the power plant, makes plans for a power plant, gives water rights to a bottling plant(& the beat goes on).
P.S.
(A) Brad Mitzelfelt mentioned in the most recent County Supervisorial District Redistricting Workshop on June 17, 2011, that the Victor Valley should stay together because of the serious dialogue "about becoming one city"--mmh...revival or a continued battle plan??
(B) I served on an George AFB closure committee in the early 1990s where there were reports of all sorts of dangerous chemicals in the water from engine degreasing, JP-4 fuel additives, etc. I was inexplicably dropped off the Committee when I raised concerns about whether the plume was being properly characterized, the extent of the plume, where it was leaking into, what type of contaminants were involved (benzenes) & about low level radioactive waste (from medical equipment) tossed into the rip rap below the golf course potentially presenting a threat to the Mojave River; bad news about the water is not what Victorville wanted to hear;
2. MWA (the Mojave Water Agency, with an elected board that is far too developer & realtor friendly in this blogger's opinion) snatches up the pumping rights in a lawsuit against everyone using more than 10 acre feet a year along the Mojave River, whether or not the farmers & ranchers on the river could afford $75,000 to $100,000 in legal costs defending their water rights against being taken by MWA restrictions being imposed (which most could not afford); MWA takes control of pumping rights, implements ramp down penalties to family owned ranches and farms that did not plant until market prices changed and by that effectively seized historically owned water rights without compensation;
3. Victorville attempts to annex land along the Mojave via LAFCO, which Mitzelfelt serves on;
4. Victorville & Mitzelfelt push for the land swap with CEMEX for barren land to the North of the river which will involve, in order for there to be development, water from the Mojave basin
5. Adelanto's Re-Zones barren desert within its zone (which does not have enough water to develop)
6. San Bernardino County Flood Control does not repair the damage caused by runaway waters in their channels in the Oro Grande area, but instead is looking at getting a FEMA grant to buy everyone out and move them; Brad is pushing for the FEMA grant?
..
Common demon-inator. Brad Mitzelfelt (who sits on all the key boards, panels and commissions). What super Mensch(-es) does he serve? No one has ever done an in depth investigation into Brad Mitzelfelt's masters. Mitzelfelt is slick--in the middle of corruption & conflict of interest investigations, his wife gets reportedly a $80k/yr county job (she has now "quit"), he spent discretionary funds for political photo shoots for years (thankfully that just ended by a vote of the board), he muffles/chills potential critics (reporters) in the media by hiring them to serve on his field staff at salaries 2 to 3 times more than what they were getting paid working for their former employers, he was Postmus' chief of staff during all his tweeking & hospitalizations & aided in the cover-ups of the real Postmus. During the Colonies settlement process, who do you think ran the office and lobbied the other two members of the Board & their staff, yet Kirk gets prosecuted & Brad Mitzelfelt doesn't? Maybe its time for the mainstream media to ask the hard questions and quit lobbing soft pitches. Besides, what's with the bowl cut?
1. Litigation between VVEDA [Victor Valley Economic Authority--a interim step to what was rumored to be Terry Caldwell's & Jim Cox's dream of creating a supercity for the High Desert, which absorbed Adelanto, Hesperia, Phelan & Apple Valley under Victorville's leadership's control] & Adelanto; the litigation between VVEDA & Adelanto ends after an election changes the council mix to a pro-Victorville cadre, the water consultant for the Adelanto side in the Adelanto v VVEDA lawsuit (the former 3rd in command in the US EPA) mysteriously dies in his home before the case was to come to trial and the new Adelanto City leadership appoint an attorney to replace the attorney battling for Adelanto; the newly elected Adelanto City team appears to cave on the VVEDA litigation over the base/water rights despite Air Force records showing the U.S. Government considered Adelanto to be the owner of the water rights under the former Air Force base footprint (and in fact paid them for the water used!); shortly thereafter, Hesperia & Apple Valley pull out of VVEDA; Victorville develops the base, gives access to water for the power plant, makes plans for a power plant, gives water rights to a bottling plant(& the beat goes on).
P.S.
(A) Brad Mitzelfelt mentioned in the most recent County Supervisorial District Redistricting Workshop on June 17, 2011, that the Victor Valley should stay together because of the serious dialogue "about becoming one city"--mmh...revival or a continued battle plan??
(B) I served on an George AFB closure committee in the early 1990s where there were reports of all sorts of dangerous chemicals in the water from engine degreasing, JP-4 fuel additives, etc. I was inexplicably dropped off the Committee when I raised concerns about whether the plume was being properly characterized, the extent of the plume, where it was leaking into, what type of contaminants were involved (benzenes) & about low level radioactive waste (from medical equipment) tossed into the rip rap below the golf course potentially presenting a threat to the Mojave River; bad news about the water is not what Victorville wanted to hear;
2. MWA (the Mojave Water Agency, with an elected board that is far too developer & realtor friendly in this blogger's opinion) snatches up the pumping rights in a lawsuit against everyone using more than 10 acre feet a year along the Mojave River, whether or not the farmers & ranchers on the river could afford $75,000 to $100,000 in legal costs defending their water rights against being taken by MWA restrictions being imposed (which most could not afford); MWA takes control of pumping rights, implements ramp down penalties to family owned ranches and farms that did not plant until market prices changed and by that effectively seized historically owned water rights without compensation;
3. Victorville attempts to annex land along the Mojave via LAFCO, which Mitzelfelt serves on;
4. Victorville & Mitzelfelt push for the land swap with CEMEX for barren land to the North of the river which will involve, in order for there to be development, water from the Mojave basin
5. Adelanto's Re-Zones barren desert within its zone (which does not have enough water to develop)
6. San Bernardino County Flood Control does not repair the damage caused by runaway waters in their channels in the Oro Grande area, but instead is looking at getting a FEMA grant to buy everyone out and move them; Brad is pushing for the FEMA grant?
..
Common demon-inator. Brad Mitzelfelt (who sits on all the key boards, panels and commissions). What super Mensch(-es) does he serve? No one has ever done an in depth investigation into Brad Mitzelfelt's masters. Mitzelfelt is slick--in the middle of corruption & conflict of interest investigations, his wife gets reportedly a $80k/yr county job (she has now "quit"), he spent discretionary funds for political photo shoots for years (thankfully that just ended by a vote of the board), he muffles/chills potential critics (reporters) in the media by hiring them to serve on his field staff at salaries 2 to 3 times more than what they were getting paid working for their former employers, he was Postmus' chief of staff during all his tweeking & hospitalizations & aided in the cover-ups of the real Postmus. During the Colonies settlement process, who do you think ran the office and lobbied the other two members of the Board & their staff, yet Kirk gets prosecuted & Brad Mitzelfelt doesn't? Maybe its time for the mainstream media to ask the hard questions and quit lobbing soft pitches. Besides, what's with the bowl cut?
The (b)Rats Are Scurrying without a Clue?
In a local paper I read some amazing recaps of what was going on locally:
(1) Financially distressed Victorville is going to sue our Homeland Security Department over the government's ending of the EB-5 visa program Victorville was using to raise capital[putting aside the loss of American jobs and the misdirection of City resources to help foreign investors over Victorville residents] suing Homeland Security is stupid!--the city's lawyers must think they can do what "Alan Shore" of "Boston Legal" fame occasionally did for clients--sue the federal government for principle's sake--yeah right, like that is going to last past a early termination motion brought by the feds [don't these City Councilpeople read the statutes which set out the discretion & immunities Homeland Security has? Oh yeah I forgot, they did not read the Redflex Redlight camera contract either]--WHAT A MONEY WASTE!!
Victorville should be firing their lawyers, not giving them more work! Thank you Councilwoman Valles for voting against the stupid lawsuit!
(2) Financially distressed San Bernardino County is in a fight with SEBA (the union for the District Attorneys, their investigators, evidence handlers, etc) over a pay & benefit cut and now seems willing to take back to the membership a pay and benefit cut proposal [duh....the entire legal community is going through financial crises...our costs increase, many people can't afford to pay for legal services except at a fraction of what they did just a few years ago, the delays mount getting cases to trial--if a 7% cut is all that is in issue--take it, move on, save money to make up the difference]--No one is saying the hard-working SEBA people don't deserve it--God knows they do but SEIZE THE MOMENT SEBA MEMBERS -- once those jobs go, it will be a long time before they start coming back! I remember when Arnold S. took over after the recall campaign and the CTA (California Teachers' Association) went to him first, cut a deal minimizing their losses and left all the other unions hanging without contracts or facing a scap over what was left. Maybe a lesson to be learned/taken to heart!
(3) Financially distressed school districts in San Bernardino County are footing the bill on more needless litigation [the "Public Safety Academy" Charter is now in litigation over the firing of the founder's wife]--putting aside the conflict of interest question, this expense will take away from the money for student services--is anyone investigating if there is an abuse/misuse of public funds here??]
The Charter School movement has had its distractors, but THIS CLEARLY IS A MISPLACED USE OF SCHOOL RESOURCES!!
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This list is partial--there are the lawsuits involving Kenneth Beck against the Thouvenell campaign (?), the Rancho Cucamonga public employee pension plan restructuring talks, the San Bernardino City public employee pension plan restructurting talks breakdown-- a lot is in play.
(1) Financially distressed Victorville is going to sue our Homeland Security Department over the government's ending of the EB-5 visa program Victorville was using to raise capital[putting aside the loss of American jobs and the misdirection of City resources to help foreign investors over Victorville residents] suing Homeland Security is stupid!--the city's lawyers must think they can do what "Alan Shore" of "Boston Legal" fame occasionally did for clients--sue the federal government for principle's sake--yeah right, like that is going to last past a early termination motion brought by the feds [don't these City Councilpeople read the statutes which set out the discretion & immunities Homeland Security has? Oh yeah I forgot, they did not read the Redflex Redlight camera contract either]--WHAT A MONEY WASTE!!
Victorville should be firing their lawyers, not giving them more work! Thank you Councilwoman Valles for voting against the stupid lawsuit!
(2) Financially distressed San Bernardino County is in a fight with SEBA (the union for the District Attorneys, their investigators, evidence handlers, etc) over a pay & benefit cut and now seems willing to take back to the membership a pay and benefit cut proposal [duh....the entire legal community is going through financial crises...our costs increase, many people can't afford to pay for legal services except at a fraction of what they did just a few years ago, the delays mount getting cases to trial--if a 7% cut is all that is in issue--take it, move on, save money to make up the difference]--No one is saying the hard-working SEBA people don't deserve it--God knows they do but SEIZE THE MOMENT SEBA MEMBERS -- once those jobs go, it will be a long time before they start coming back! I remember when Arnold S. took over after the recall campaign and the CTA (California Teachers' Association) went to him first, cut a deal minimizing their losses and left all the other unions hanging without contracts or facing a scap over what was left. Maybe a lesson to be learned/taken to heart!
(3) Financially distressed school districts in San Bernardino County are footing the bill on more needless litigation [the "Public Safety Academy" Charter is now in litigation over the firing of the founder's wife]--putting aside the conflict of interest question, this expense will take away from the money for student services--is anyone investigating if there is an abuse/misuse of public funds here??]
The Charter School movement has had its distractors, but THIS CLEARLY IS A MISPLACED USE OF SCHOOL RESOURCES!!
.
This list is partial--there are the lawsuits involving Kenneth Beck against the Thouvenell campaign (?), the Rancho Cucamonga public employee pension plan restructuring talks, the San Bernardino City public employee pension plan restructurting talks breakdown-- a lot is in play.
Monday, June 20, 2011
On Redisrtricting in San Bernardino County....
(1) Redistricting at the County level has an interesting factor thrown into the mix--keeping the Districts as close to what they were is a factor that the county's consultants have been asked to consider. Really what it boils down to is keep the advantage intact for the incumbents. For example, in what was a slip at the meeting last friday, one of the consultants referred to the numbers of voters as a factor---WRONG......its the total number of citizens, not the voters. That reveals a bias to
maintaining numbers for electability purposes;
(2) I believe a Voting Rights Act violation is in the making for the first district;
Barstow and Hesperia, on two different maps are carved out of the 1st Disrtrict--Barstow on one and Hesperia on the other; both cities have significant Hispanic populations and are being shipped, if the maps are approved "down the hill" where their votes will be diluted.
maintaining numbers for electability purposes;
(2) I believe a Voting Rights Act violation is in the making for the first district;
Barstow and Hesperia, on two different maps are carved out of the 1st Disrtrict--Barstow on one and Hesperia on the other; both cities have significant Hispanic populations and are being shipped, if the maps are approved "down the hill" where their votes will be diluted.
MIKE RAMOS DOES NOT DISCUSS BUDGET SMART POLICY ALTERNATIVES--why's that??
The San Bernardino Sun's article:
"D.A.'s cases mount [by Mike Cruz, Staff Writer; Posted: 06/14/2011 08:09:19 PM PDT]
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Years of budget cuts in the San Bernardino County District Attorney's Office have created a backlog of nearly 2,900 criminal cases.
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The cases are awaiting review before getting filed in court - a scenario that may be
exacerbated by calls from county administrators for another $2.1 million in cuts.
.
Over the past three fiscal years, District Attorney Michael A. Ramos said Tuesday, that he has looked for ways to reduce spending, while absorbing the loss of 78 staff members. Of those staffers, 34 of them - or 17 percent - were frontline prosecutors.
.
Fewer attorneys in the District Attorney's Office means there are fewer people to review cases that come in from law enforcement agencies, and fewer people to determine whether those cases should result in criminal charges.
.
The backlog has grown to 2,894 cases, of which nearly 1,300 cases are for DUI offenses, Ramos said.
.
"I live with the fear that an unprosecuted DUI suspect will commit another such act and take a life on the roadway before we are able to check their dangerous behavior with a prosecution," Ramos wrote in a guest editorial for The Sun.
.
The District Attorney's Office set-up a triage system, whereby new cases are prioritized for review. Though the cases in the current backlog are "non-serious, non-violent" cases, they still represent suspected offenders who are not being held accountable, he explained.
.
The backlogged cases represent offenses such as burglary, ID theft, auto theft, possession of firearms by convicted felons, stalking and more. They are both misdemeanors and felonies.
.
The statute of limitations is six months for misdemeanors and it could run out before some cases get reviewed.
.
Prosecutors could not say how long it will take to reduce the backlog, nor how long cases sit in the backlog. Each case is different, said Assistant District Attorney Dennis Christy.
.
"We're doing our best to get to those cases, but it's a continuing struggle," Christy said.
.
The backlog is being handled in two ways.
.
First, supervisors will distribute cases to trial attorneys and have them review cases when they are out of court. But that takes time from those attorneys who should be preparing for trials, Christy said.
.
The other strategy, is having law enforcement agencies file some cases directly with the courts.
.
The District Attorney's Office filed nearly 67,000 cases from December 2009 to December 2010. To make matters worse, Ramos was told last week by the County Administrative Office that he must trim another $2.1 million from his budget, on top of the $3.8 million in cuts he already planned. That could mean the layoff of 12 more prosecutors, he said.
.
"Any more cuts is going to be like an amputation for us, beyond cutting to the bone," Ramos said. "I would have a serious concern for the citizens of this county."
.
News of so many DUI cases in the backlog was disheartening to Virginia Gautier, former executive director and now volunteer for the San Bernardino Chapter of Mothers Against Drunk Driving.
.
Gautier said she knows Ramos' office is extremely busy.
.
"He needs help," said Gautier. "And MADD would love it if the public would get in there and say we need more deputy DAs."
.
Blogger Bob's suggestions on how to keep staff:
.
1. Increase air cooling temps levels in offices in the summer; turn down the thermostats in winter
2. Change area lighting to LED's to reduce power usage;
3. Reduce staff driving from one courthouse to another and permanently assign cases to local staff to encourage and facilitate career development
4. Develop an intern program from local law schools to help relieve the burden on professional staff
5. Quit political prosecutions (the Halstead case--a week of trial time for a $2.00 alleged political sign theft)
6. Allow properly permitted and licensed medical marijuana facilities to operate;
7. On DUI cases, use ignition lock breathalyzer sentence condition to reduce the likelihood of repeat violation
8. Stop the DA & DDA's from traveling to Sacramento and places beyond for conferences that can be attended remotely in some instances and or CD/DVD's can be ordered (in lieu of attending the conferences);
9. Develop a plan on how to reduce backlog--obviously business as usual has not worked
10. Had anyone ever given a checklist to law enforcement on each criminal charge of of what minimally needs to be included in a package that comes from law enforcement?
11. Consider taking a minimal pay & benefit cut to keep the team in place--it will help morale and promote efficiency, which will in turn help reduce backlog.
"D.A.'s cases mount [by Mike Cruz, Staff Writer; Posted: 06/14/2011 08:09:19 PM PDT]
.
Years of budget cuts in the San Bernardino County District Attorney's Office have created a backlog of nearly 2,900 criminal cases.
.
The cases are awaiting review before getting filed in court - a scenario that may be
exacerbated by calls from county administrators for another $2.1 million in cuts.
.
Over the past three fiscal years, District Attorney Michael A. Ramos said Tuesday, that he has looked for ways to reduce spending, while absorbing the loss of 78 staff members. Of those staffers, 34 of them - or 17 percent - were frontline prosecutors.
.
Fewer attorneys in the District Attorney's Office means there are fewer people to review cases that come in from law enforcement agencies, and fewer people to determine whether those cases should result in criminal charges.
.
The backlog has grown to 2,894 cases, of which nearly 1,300 cases are for DUI offenses, Ramos said.
.
"I live with the fear that an unprosecuted DUI suspect will commit another such act and take a life on the roadway before we are able to check their dangerous behavior with a prosecution," Ramos wrote in a guest editorial for The Sun.
.
The District Attorney's Office set-up a triage system, whereby new cases are prioritized for review. Though the cases in the current backlog are "non-serious, non-violent" cases, they still represent suspected offenders who are not being held accountable, he explained.
.
The backlogged cases represent offenses such as burglary, ID theft, auto theft, possession of firearms by convicted felons, stalking and more. They are both misdemeanors and felonies.
.
The statute of limitations is six months for misdemeanors and it could run out before some cases get reviewed.
.
Prosecutors could not say how long it will take to reduce the backlog, nor how long cases sit in the backlog. Each case is different, said Assistant District Attorney Dennis Christy.
.
"We're doing our best to get to those cases, but it's a continuing struggle," Christy said.
.
The backlog is being handled in two ways.
.
First, supervisors will distribute cases to trial attorneys and have them review cases when they are out of court. But that takes time from those attorneys who should be preparing for trials, Christy said.
.
The other strategy, is having law enforcement agencies file some cases directly with the courts.
.
The District Attorney's Office filed nearly 67,000 cases from December 2009 to December 2010. To make matters worse, Ramos was told last week by the County Administrative Office that he must trim another $2.1 million from his budget, on top of the $3.8 million in cuts he already planned. That could mean the layoff of 12 more prosecutors, he said.
.
"Any more cuts is going to be like an amputation for us, beyond cutting to the bone," Ramos said. "I would have a serious concern for the citizens of this county."
.
News of so many DUI cases in the backlog was disheartening to Virginia Gautier, former executive director and now volunteer for the San Bernardino Chapter of Mothers Against Drunk Driving.
.
Gautier said she knows Ramos' office is extremely busy.
.
"He needs help," said Gautier. "And MADD would love it if the public would get in there and say we need more deputy DAs."
.
Blogger Bob's suggestions on how to keep staff:
.
1. Increase air cooling temps levels in offices in the summer; turn down the thermostats in winter
2. Change area lighting to LED's to reduce power usage;
3. Reduce staff driving from one courthouse to another and permanently assign cases to local staff to encourage and facilitate career development
4. Develop an intern program from local law schools to help relieve the burden on professional staff
5. Quit political prosecutions (the Halstead case--a week of trial time for a $2.00 alleged political sign theft)
6. Allow properly permitted and licensed medical marijuana facilities to operate;
7. On DUI cases, use ignition lock breathalyzer sentence condition to reduce the likelihood of repeat violation
8. Stop the DA & DDA's from traveling to Sacramento and places beyond for conferences that can be attended remotely in some instances and or CD/DVD's can be ordered (in lieu of attending the conferences);
9. Develop a plan on how to reduce backlog--obviously business as usual has not worked
10. Had anyone ever given a checklist to law enforcement on each criminal charge of of what minimally needs to be included in a package that comes from law enforcement?
11. Consider taking a minimal pay & benefit cut to keep the team in place--it will help morale and promote efficiency, which will in turn help reduce backlog.
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