A GOOD EXAMPLE of WHY BOB CONAWAY AS DISTRICT ATTORNEY WOULD BE BETTER THAN SAME-OLE-RAMOS)

How?

Focus should be made on the FHA “Back to Work” Program

There is news being reported about warrants floating out there from the current DA's office in San Bernardino to get a law firm's records which may prove some type of fraud injurying persons with (or formerly with) home mortgages.
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Aside from the fact it is years after people have been impacted (and the banks, loan servicers, foreclosure people committing fraud and or unfair and or deceptive business practices have been untouched by the San Bernardino County DA), there is nothing being done for the victims today, now.
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As part of my administration as San Bernardino County District Attorney I would be remedy focused. To quote the incumbent Mike Ramos, "you can't prosecute yourself out of every problem". 

About the Program

Under the federal “Back to Work – Extenuating Circumstances” program, if one had a foreclosure, short sale, deed-in-lieu of foreclosure, or bankruptcy, a homeowner may qualify for a new home loan if the former homeowner is back to work and can document the extenuating circumstances.

Do You Qualify?

FHA will consider former homeowners for eligibility if the former homeowner had a financial hardship in the past but can now document the follow circumstances :

1. The "Back-to-Work" applicant meets FHA loan requirements
2. The "Back-to-Work" applicant can document the mortgage or credit problems resulted from a financial hardship
3. The "Back-to-Work" applicant has re-established a responsible credit history
4. The "Back-to-Work" applicant has completed HUD-approved housing counseling

A lender will first have to determine if the "Back-to-Work" applicant meets FHA loan requirements before he/she can apply for a FHA loan under the Back to Work program. The "Back-to-Work" applicant will need to explain how the financial hardship was something beyond his/her control that reduced his/her income or caused him/her to lose employment. If the "Back-to-Work" applicant's household income dropped by 20% or more for at least six months, it may count for this type of financial hardship.
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To re-establish credit the "Back-to-Work" applicant must have a 12 month record of on-time rental housing payments with no delinquencies, and not have been 30 days late on more than one non-housing loan payment. If the "Back-to-Work" applicant still has any open collection or judgment accounts, then a “capacity analysis” will be done to see if  he/she can repay those creditors.
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It's time to change DA and really help folks! Press releases about delayed and remedy-less paper is not what victims need.

Victorville's SEC Problem

The article offers some interesting ramblings but suggests another hangman's noose can be retired.
VV officials answer, deny SEC complaint | officials, sec, angeles - High Desert News.
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The ongoing problems with local corruption ignore even more obvious facts.
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If the water is polluted under the base, what was the land ever worth.
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Victorville knew full well what the land wasn't worth.
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Keep in mind, VVEDA (Victorville Economic Development Authority, an alter ego of the City of Victorville) pushed the Air Force to deed over the air force base and Victorville's/VVEDA's litigation against Adelanto forced the water rights to be surrendered to VVEDA.
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There is all sorts of waste underground (disclosed in the early 1990s by the Air Force and EPA oversight through the Technical Review Process), which is being ignored or under treated and given the old saying that "desert without potable water is worthless sand", it was worthless [except to the bottler that used some of the water for softdrinks (yuk) and a power company for their cooling towers].
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So what was it that Victorville was selling at the former air force base? The value of the crust was also impacted by the "boneyard" characteristic of the land use [it was a place to park busted a** airplanes for salvage operations and some limited repair work].
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Oh yeah, lets not forget the wind turbine farm fiasco.
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The corruption goes back a long way with Victorville. The housing was usable for low income families, but because it would increase the inventory of low income housing, the houses were allowed to crumble, so rents could be higher for the local landlord class [in Orange County, federal buildings were turned over to homeless and low income projects].
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The hospital had been prior to base closure upgraded and had a state-of-the-art burn unit facility--it was stripped down and abandoned--perhaps because it would be bad for the local hospitals' revenues?
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The modernized pistol range was torn down, which could have been contracted out to anyone of several local gun enthusiast organizations for profit.
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The City's council races (the council oversaw the VVEDA operations) had contributions from every developer in the region.
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A problem is that everyone who is a defendant in the case (I submit the people running the whole show are not in the case as they maybe should be?) drank the same Koolaide and likely believed their yarn about the values set out in promotional documents (which could make selling intent as an element of the federal crimes, tough). I also sense that the length of time has allowed a lot to escape scrutiny, so don't be surprised when some deal is cut so the SEC does not embarrass itself with a poorly prepared case. Heh, this is the San Bernardino High Desert--the only place a Charter School can fleece kids of a hundred million and no one has been convicted, the County could be fleeced a hundred million and no one has yet to spending time for the crime(s) and now it seems certain investors will be similarly screwed. That's what happen when you have the wrong people in leadership!!

Governor Brown Appoints a former San Bernardino County Sheriff & SEBA President after the DA's Office Buries Cases Against POST Certification Cheaters??

Per the Governor's office's press release, Governor Brown appointed Laren Leichliter, 48, of Highland, to the California Commission on Peace Officer Standards and Training. Leichliter has held multiple positions at the San Bernardino County Sheriff’s Department since 1991, including deputy sheriff and fiscal clerk. He was a fiscal clerk at the San Bernardino County Hospital from 1985 to 1991. Leichliter is president of the San Bernardino County Safety Employees’ Benefit Association.
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Leichliter may well run a questionable shop at SEBA. After a recent forum where three San Bernardino sheriff candidates were presented with supposedly random questions (in "unmarked" envelopes) , SEBA gets back 29.4% of the ballots from members of SEBA and Leichliter's team announces an endorsement of the association for incumbent (appointed incumbent) Sheriff McMahon (the other 2 candidates were Clifton Harris & Paul Schraeder). The truth is that 70.4% of the membership DID NOT endorse McMahon (their appointed boss). Leichliter who will now sit on the POST Commission board took a slant from a no-confidence vote that no one else could possibly justify (except McMahon and his campaign guru Ellis). Wow.
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With Sheriff's department management folks signing off on fraudulent POST certification classes and pending charges, does this appointment make sense? Is this the truthful leader the POST Commission needs?
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See excellent Sun article at:http://www.sbsun.com/general-news/20131106/two-years-after-indictments-sb-county-sheriffs-post-corruption-case-fizzles#.UntI2Rc_5rg.email.

Were the POST certification scandal cases fizzled out to open the path case for a Leichliter appointment?
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Why wasn't the employee association (SEBA) involved to ferret out what was a lax policy problem vs what was poor management and or oversight vs what was actual criminal conduct. The people signing off on the POST certification classes/work were members of SEBA,  Leichliter's colleagues and or friends.
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By fizzling out the corruption cases,  Lechliter and his buds don't have to answer those questions.
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Is this just old fashioned failure to investigate and failure to hold management who should know and care responsible or does this suggest the culture of cover-up has (a) new champion(s)?
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Our District Attorney Needs to Intake his cases to make sure Veterans & or Servicepersons eligible for Penal Code 1170.9 diversion are advised of that potential benefit at the earliest time in the proceedings

Section 1170.9 of the state California Penal Code comes into play when the defendant claims that “he or she committed the offense as a result of sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems stemming from service in the United States military.”
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If a vet or serviceperson makes that claim, the court must hold a hearing, and the judge must determine the answers to a number of questions: Is the person (or was he/she) a member of the U. S. military? Does the defendant suffer from sexual trauma, traumatic brain injury, PTSD, substance abuse, or mental health problems as a result of his/her service? Is there a treatment program that’s appropriate for him/her? Is the serviceperson or vet eligible for probation?
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If the answer to all of these questions is yes, the judge has the authority to place the vet and or serviceperson on probation, and to order him/her into an appropriate treatment program for a period no longer than what would have been served in state prison or county jail.
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If the serviceperson and or vet do well in the treatment program and comply with the conditions of their probation, the vet and or serviceperson can request a follow-up hearing. Effective January 1, 2013, the judge at this hearing will have the authority to end the probation before its scheduled expiration date, and to cancel any fines, fees, and assessments stemming from the conviction (except for court-ordered victim restitution). In many cases, the judge will also have the authority to reduce a felony to a misdemeanor, and to order expungement of the record of your offense.

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Questions: Who is going to tell that vet or serviceperson about their potential diversion options if he or she don't know about it (and his his lawyer doesn't)? (2) Since knowing about such options would be crucial for there to be informed consent in the plea bargaining process, why isn't the DA's office asking the threshold questions to honor the sacrifice of our vets and servicepersons??

On the prosecutorial duty to disclose information--is it right to unethically withhold information even though technically permissible under case law??

American Bar Association's Rule 3.8(d) is more demanding than the constitutional case law in that it requires the disclosure of evidence or information favorable to the defense without regard to the anticipated impact of the evidence or information on a trial's outcome.  ABA Rule 3.8(d) requires prosecutors to disclose favorable evidence so that the defense can decide on its utility. The ethical duty of disclosure is not limited to just admissible 'evidence' [but] it also disclosure of favorable 'information'. Though possibly inadmissible itself, favorable information may lead a defendant's lawyer to admissible testimony or other evidence or assist him [sic] in other ways, such as in plea negotiations.For the disclosure to be timely, it must be made early enough that the information can be used effectively. . . . Once known to the prosecutor, [evidence and information] must be disclosed under Rule 3.8(d) as soon as reasonably practical.  Among the most significant purposes for which disclosure must be made under Rule 3.8(d) is to enable defense counsel to advise the defendant regarding whether to plead guilty. 

Attorney General Eric Holder recently threw out the corruption case against Alaska Senator Ted Stevens because Holder concluded that DOJ lawyers violated their obligation to disclose information to the defense.

We need to make sure the notch-on-the-gun hunger some prosecutors embrace for visibility, promotion and/or re-electability is not satiated by unethical non-disclosure.

Full Text of Rule 3.8 @ http://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_3_8_special_responsibilities_of_a_prosecutor.html

DA RACE for 2014 is ..............

FOR IMMEDIATE RELEASE:
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Inspired in part by the "Kumbayah" Kamala Harris & Mike Ramos fund raiser yesterday [and by the utter failure of Mikes Ramos over his past two terms to even get to trial the Charter School & Colonies case, the sentencing favoritism for "Friends of Mike Ramos" & the continuing abuse of the DA's office's charging authority to target people based on their ethnicity, incomes and politics, Bob Conaway decided to join the race for the top cop spot.
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Ramos has allowed environmental and civil rights crimes to be committed in our communities, and those committing those crimes to act with impunity. Mike Ramos shows a resistance to the spirit of change and reform required by AB 109 (the Realignment Legislation). It makes no sense to talk about drug seizures and the community impact from drugs on the street while ignoring the poisoning of our air and water by corporate America, the illegal foreclosure of homes by financial institutions and code enforcement harassment of small businesses. It makes no sense to make people of color serve time in county jails for offenses while "Friends of Mike Ramos" pay fines or are allowed to walk.  How Mike Ramos let Mitzelfelt get away with his false statements on campaign statements (hiding some of his developer money sources), current Supervisor James Ramos' failure to report timely and under penalty of perjury six figure contributions to his college board campaign and how Kamala Harris did not prosecute Mike Ramos for misleading (and therefore false) statements of his 700 forms are all examples of taking people off the prosecutorial target range for political reasons.

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In the last election cycle Bob, the endorsed democrat came within 4% of forcing a runoff with Ramos despite being outspent over 25+ to 1 so money and glitcy fund raisers notwithstanding, this may be, the Good Lord willing and assuming Ramos does not trump up some charges against me or my clients, a race for the books.
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Bob Conaway

SAN BERNARDINO COUNTY DOES NOT HAVE A COMMUNITY RELATIONS or CIVIL RIGHTS COMMISSION [nor the District Attorney a Civil Rights Law Enforcement Program]--WHY??

A glance at the San Bernardino County website in an attempt to see if there is a structure that gives people a place to grieve about civil rights violations or to discuss government policies concerning same [http://www.sbcounty.gov/cob/main/OtherServices-bcc-BoardRoster.aspx] revealed that the County does not advertise the existence of a Community Relations, Human Relations or a Civil Rights Commission.
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At the San Bernardino District Attorney's office's website [http://www.sbcountyda.org/]  the categories under the "Action Center" include:

Marsy's Law
High Profile Cases
Apply for Victim Compensation
Inmate Locator
Find Case Information
Report a Crime
Report Workers' Comp Violation
Report Real Estate Fraud
Report Welfare Fraud
Report Auto Fraud
Report Identity Theft
My Day in Court

Victims of discriminatory abuses by private (and public officials) are marginalized by the focus AWAY from civil rights (so how can that be tolerated?) The Unruh Civil Rights Act found at California Civil Code 51 et seq, specifically contemplates enforcement action by District Attorneys (like Mike Ramos)---so the mandate of the law is not even a thought in the process with the current DA Mike Ramos?? Sad. Another reason for a change in the Board of Supervisor's leadership, the Sheriff and the District Attorney?

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As a candidate for the District Attorney's top spot, I would form a civil rights unit in the DA's office, staff it and work with community groups and any commissions established by the County to hear grievances and complaints, with an eye to making the DA's office a part of the team the law contemplates as players in the effort to enforce our civil rights laws.

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Sincerely,

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Bob Conaway

MIKE RAMOS for DA IF YOU DON'T EVER WANT TO SEE A PAPER INTENSIVE CASE GET TO TRIAL

The San Bernardino Sun reports what we already know from the Colonies case & the Charter School case -- cases with a lot of paper & witnesses to marshall are not cases that will end up getting tried to verdict any time soon, especially with well funded private counsel fighting back.  I guess one way to look at it is that it keeps a campaign issue alive (fodder for the I will "continue the fight against corruption"). The latest chapter in Mike Ramos is the POST [Peace Officer Standards Training] scandal cases. See excellent Sun article at:http://www.sbsun.com/general-news/20131106/two-years-after-indictments-sb-county-sheriffs-post-corruption-case-fizzles#.UntI2Rc_5rg.email. First, my read is that there are many talented people not getting the promotions and support they need. Second, on specifically the POST scandal, why wasn't the employee association (SEBA) involved to ferret out what was a lax policy problem vs what was poor management and or oversight vs what was actual criminal conduct. I can't believe this mess.

PRESS RELEASE - BOB CONAWAY for SAN BERNARDINO COUNTY DISTRICT ATTORNEY - 2014

"FOR IMMEDIATE RELEASE:
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Inspired in part by the "Kumbayah" Kamala Harris & Mike Ramos fund raiser yesterday [and by the utter failure of Mikes Ramos over his past two terms to even get to trial the Charter School & Colonies case, the sentencing favoritism for "Friends of Mike Ramos" & the continuing abuse of the DA's office's charging authority to target people based on their ethnicity, incomes and politics, Bob Conaway decided to join the race for the top cop spot.
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Ramos has allowed environmental and civil rights crimes to be committed in our communities, and those committing those crimes to act with impunity. Mike Ramos shows a resistance to the spirit of change and reform required by AB 109 (the Realignment Legislation). It makes no sense to talk about drug seizures and the community impact from drugs on the street while ignoring the poisoning of our air and water by corporate America, the illegal foreclosure of homes by financial institutions and code enforcement harassment of small businesses. It makes no sense to make people of color serve time in county jails for offenses while "Friends of Mike Ramos" pay fines or are allowed to walk.  How Mike Ramos let Mitzelfelt get away with his false statements on campaign statements (hiding some of his developer money sources), current Supervisor James Ramos' failure to report timely and under penalty of perjury six figure contributions to his college board campaign and how Kamala Harris did not prosecute Mike Ramos for misleading (and therefore false) statements of his 700 forms are all examples of taking people off the prosecutorial target range for political reasons.

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In the last election cycle Bob, the endorsed democrat came within 4% of forcing a runoff with Ramos despite being outspent over 25+  so money and glitcy fund raisers notwithstanding, this may be, the Good Lord willing and assuming Ramos does not trump up some charges against him or Bob's clients, a race for the books.
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Bob Conaway"

THE STATE OF CALIFORNIA BUDGET PROCESS DISCRIMINATES AGAINST SAN BERNARDINO COUNTY--See the facts...

Oct 21, 2013
Inland Valley Daily Bulletin reports "reorganization" (closure as to entire category of cases & resulting access denial) while building new buildings for other counties across the state - why do we get the hoze?? 
www.dailybulletin.com/government-and-politics/20131021/san-bernardino-county-court-cases-to-be-reorganized-when-center-opens
The Superior Court of San Bernardino County released a "reorganization" plan (clever substitute for more loss of  locations and service) for when the new Justice Center in downtown San Bernardino opens which:
1. Shuts down Barstow Court July 1, 2014;
2. Shuts down Victorville Court except for family law matters May 1, 2014;
3.  Removes ALL civil cases from all the courthouses and pushes them to San Bernardino's NEW "Justice Center", effectively shutting down all courthouses in the County for civil litigants and
forcing people to travel from areas upwards of 2-3 hours to get to courthouses in areas with known violent street gangs, parking problems and poor support services;
4. Rancho Cucamonga's family law cases get moved to the new "Justice Center" in San Bernardino
5. Cases of small claims, landlord tenants and traffic/non-traffic infractions from the San Bernardino; Fontana and Rancho Cucamonga districts will be heard in Fontana;
6. West Valley Superior Courthouse in Rancho Cucamonga will only hear West End criminal cases.
7. Felony and misdemeanor cases in Fontana will be reviewed to determine which courthouse - San Bernardino or Rancho Cucamonga - is better equipped to hear them.
8. The Rancho Cucamonga courthouse will also have temporary hearings on both civil and domestic violence restraining order matters.
9. and more to come ???


Oct 7, 2013
Dedication of New South County Justice Center in Porterville
With over 300 people in attendance, there was standing room only at the dedication ceremony for the new Tulare County courthouse in Porterville, set to open on Oct 15.
Porterville Recorder article 1, Porterville Recorder article 2, Visalia Times-Delta article

Sept 20, 2013
Groundbreaking for New Kings Courthouse in Hanford
More than 100 community leaders and justice partners braved triple-digit temperatures to celebrate the start of construction of the new courthouse in Hanford for the Superior Court of Kings County.
Hanford Sentinel article

Sept 9, 2013
Governor George Deukmejian Courthouse Opens in Long BeachVast improvements in access to justice await first-time court visitors at the new courthouse in Long Beach, the first in the U.S. to be built using a unique delivery method called performance-based infrastructure.
Los Angeles Times article

July 16, 2013
New Santa Clara Family Justice Center Groundbreaking Ceremony
Santa Clara County residents celebrated the beginning of construction of their new courthouse in San Jose.  San Jose Mercury News story

July 1, 2013
Richard E. Arnason Justice Center Wins Architectural Award
The Richard E. Arnason Justice Center in Pittsburg for the Superior Court of Contra Costa County was recently awarded the 2013 Excellence Award, the highest honor given by the American Institute of Architects Academy of Architecture for Justice. The project will appear in the group's Justice Facilities Review.
May 3, 2013

New North Butte County Courthouse Groundbreaking Ceremony
Butte County residents celebrated the beginning of construction of their new courthouse in Chico.
Apr 9, 2013

New Yolo County Courthouse Groundbreaking Ceremony
Yolo County residents celebrated the beginning of construction of their new courthouse in Woodland.
Apr 2, 2013

Old Solano Courthouse Renovation Groundbreaking Ceremony
Solano County residents celebrated the beginning of renovation of their historic courthouse in Fairfield.
Mar 11, 2013

More SMASH Unit Activity in Adelanto tonight?

At Mavericks Stadium, more cops were in SMASH units than locals in uniform. On the heels of Appointed Sheriff McMahon's forum at SEBA last Thursday's night in San Bernardino, he unleashes a SMASH unit for press and messaging (I be tougher than the other guys). Interesting. One of the things at the forum was talk about overtime, budget limitations...whatever happened to community policing?  Could all this be a dodge to the question of why the prison refit using AB109 money is $20 million over budget?

FONTANA: Four arrested in $6 million drug bust-anything missing??

FONTANA: Four arrested in $6 million drug bust
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Hmm its no coincidence this happens in advance of Mike Ramos' fundraiser with Kamala Harris this coming week [https://www.facebook.com/events/675051655840634/] with General Kamala being the "keynote" speaker? The only problem is the suspicion the cash reported for the quantity is light for drug busts in some other counties' experience (or the street value is massively overstated), especially for the powerful La Familia level of doing business. What is interesting is one commenter on the Press Enterprise blog saying the half the cash and drugs are missing from the seized stash ii if true where's General Holder when you need him? Nothing like splashy fundraisers to deflect the fact that former County Supervisor & Assessor Bill Postmus, Jr pled to a multiple felony sheet is still running around free waiting for his testimony duties to be done, the Charter School scandal is in its 6th year without a disposition and oh yeah, the Colonies litigation is being strangled due to a combination of overcharging, the County and AG's office being overwhelmed by some good lawyering by former federal judge Larson, cookie crumble tactics and arguably prejudicial delays. The careers of Mike Ramos' and Kamala Harris' seem almost intertwined--one has to wonder why.

DA Candidate Grover Merritt Maybe Needs Some Research.....

In one of Grover's [Merritt] statements to the Press Enterprise (who in the past has had a love affair with Michael Ramos by giving him warm fuzzy press interviews and look for more of them with Kamala Harris' support of Ramos), he refers to (certain) special units as being unnecessary. At least one of them (the work comp fraud unit) is a result of earmarked funding from the State Insurance Commissioner (I think Garamendi started it) as I suspect some of the others may be. While I agree that the special units are used to issue press releases to promote Mr. Ramos' management of the DA's office, some of them are creatures of the state agencies' budgetary process, but with that said, it's a good subject area to discuss--too bad Ramos campaign will prevent Ramos from commenting directly.

New Sheriff Candidate in San Bernardino for 2014??

Victorville- This blogger has been advised that a veteran of the San Bernardino Sheriff's Department may be announcing his intent to run for San Bernardino Sheriff. Stay tuned!!

John Coffey Has Expressed Interest in Running for the Assembly Again!

Barstow - John Coffey announced today to this blogger that he will run again for the Assembly Seat (CA-33rd AD) held currently by Tim Donnelly.

2014 San Bernardino County Sheriff Race--Could it be closer call than convention would think??

Sheriff John McMahon (San Bernardino County Board of Supervisors' appointed top cop) has had a couple of campaign kickoffs (good for him).  To this blogger , the most revealing fact to date [picked up by the Colton City News in their June 27, 2013 edition] is the fact that not only is he endorsed by District Attorney Michael Ramos, but he is using Michael Ramos' political consultant from the 2010 election (to "manage the campaign"), David Ellis of Delta Partners, LLC. Ellis is one of the best, so why would McMahon need him with the blessing of  his "created" incumbency and a low turn out election that tends to favor conservatives? Could it be that McMahon's online degree from Union Institute & University be the type of qualification people might be concerned about? Could it be that he was forced on the citizens by a Board of Supervisors (like Mitzelfelt was)? Could it be people are frustrated with the lack of answers on his involvement in the POST certification scandal?
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We live in strange times for sure and with his one announced opponent (Paul Schraeder) promising to "protect your rights in every way possible, amongst those being your Second Amendment Rights, Your Due Process Rights, Your Right to Privacy & Your Right to Life and Property" and wearing an "Oath Keeper" [www.oathkeepers.org] shirt one of the times I heard him speak (so presumably he is a member?), I for one would like to hear more and even have a couple televised debates at say the County Board of Supervisors facilities perhaps moderated by the local League of Women Voters?
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2014 San Bernardino County District Attorney Field of Candidates Developing?

Who is running for DA in 2014 in San Bernardino County? Well Ramos has announced he will, a former litigant (Grover Merritt)against the County DA for wrongful discharge (reinstatated & $300,000 wealthier) is rumored to be running (per sources within the Los Angeles Daily Journal) and Frank Guzman who apparently claims he was targeted by people close or friendly to Ramos prior to the last election cycle has said he will be running (per the San Bernardino Sentinel if he secures $350,000 to run -- its not clear if that was personal money or raised funds). With 2 kids in college Guzman may not be able to afford the paycut if he won and with the former litigant vs the DA's office (if he is still with the DA's office), one has to wonder how much he can ethically do or say by still being an employee of the DA's office campaign-wise. Interesting stuff. Too bad the turn out will be in the mid to low 20% range for a June election (which means that the race will be decided by 11-13% of registered voters). Kamala Harris is coming to Ramos' fundraiser on the 24th, not a good move with what is happening for her career hopes in this blogger's view.

Supreme Court rules Drug Companies exempt from Lawsuits

Supreme Court rules Drug Companies exempt from Lawsuits -
You don't have to be a power abusing prosecutor to be immune to prosecution anymore. Pushing dangerous drugs is ok if you have "Inc" after your name? It would be an interesting case to see a prosecutor exercise the police power of the State by filing criminal charges for poisoning, battery, etc for such drug side effect victims!

Ambiguity in the Indictment...hmm I think I know of a County DA that allows that...

In 2005, a jury convicted Robles and Garrido [and sentenced to them to 10 years and 51 month prison terms, respectively] based on an indictment that the 9th Circuit Court of Appeal said [in their review of the convictions] was "ambiguous at best."
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The 9th Circuit stated: "After reviewing the trial record as a whole, we conclude that there is a reasonable probability that the jury convicted Robles and Garrido of honest services fraud based on their failure to disclose a conflict of interest," the panel wrote. "Because of the emphasis on the conflict of interest theory in the jury instructions and in the closing arguments, we find that the error affected the Appellants' substantial rights."
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While "there is evidence in the record that could support a bribery or kickback conviction," the panel wrote, " nevertheless, it is impossible to conclude that the jury convicted Robles and Garrido based on their participation in either a bribery or a kickback scheme instead of based on Skilling's unconstitutional failure to disclose a conflict of interest."
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The 9th Circuit panel reversed honest-services mail & wire fraud convictions on 21 counts against Robles and five counts against Garrido, while acquitting Robles of two counts and Garrido of one count because prosecutors, post-Skilling, admitted they had insufficient evidence.
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In addition, 9th Circuit panel reversed four money-laundering counts against Robles because they "are predicated on the flawed honest services fraud convictions," while upholding five of Robles' bribery counts.
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In any county where vague and ambiguous indictments are seen all to often, this case should send a warning.

Barstow, Big Bear, Needles & Joshua Tree Courts Likely to Still Suffer after Trial Court Funding Act's Latest Workgroup Report

 Trial Court Funding Act,'s workgroup's 250-page report pointed out that equality in trial court funding is still "in need of improvement," opening the door for a new plan to be considered directing how money is divvied up by the courts. "The workgroup finds that funding has not been allocated based on workload fluctuations or in a manner designed to promote equal access to the courts statewide, implementation of statewide policies, or implementation of efficiencies and cost-saving measures to support access to justice," the report said. The Judicial Council should "adopt a new methodology for allocating funding appropriated for support of trial court operations, to be implemented" in July, the group said.
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A committee, led by Sacramento County Superior Court Presiding Judge Laurie Earl, has a deadline to submit a proposal to the Judicial Council [at its meeting in San Francisco on April 25 to 26]. It is hoped that the Inland Empire courts in San Bernardino and Riverside are expected to be the biggest winner in any funding shift, but with that said. workload, not historical factors will be a major driver, so smaller county areas like Barstow, Joshua Tree, the Mountain areas & Needles and are likely to still suffer.
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