Why would Hon. Judge Stephanie Garrett Grant this motion to dismiss? This case had already been to a Preliminary Hearing where evidence was provided to support all charges.
This would be a perfect case to be reviewed by a Citizen’s Oversight Committee.
What did CPS do to protect those two children? Though District Attorney Steve Wagstaffe said the children — who suffered cuts and bruises but no fractures — were allegedly taken into custody by Child Protective Services immediately after the incident, he said their current location is not known by his office.
San Mateo County has a Domestic Violence Protocol signed by all Police Departments was it followed?
Zainali Jaffer case 17NF012415A was arrested in the backyard of his home in Hillsborough October 15, 2017 at 4AM. Police found him fully naked straddling his 3 year old son pressing his face into his genitals. He was Arrested for Attempted Murder (Not Charged Why?) charged with a lewd act ( oral copulation) on one of his children, child abuse and battery on a police officer and emergency personnel. His father who was also assaulted called the police.
Yesterday at the request of Steve Wagstaffe San Mateo County’s District Attorney, Hon. Judge Stephanie Garrett (a former SMCDA prosecutor) granted the motion to dismiss all charges. I don’t think the Hon. Judge Donald Ayoob would have granted this motion.
The Charges that remained up until July 2, 2018:
Charge #1 Attempted Oral Copulation or Sexual Penetration with a Child 10 years of age or younger. PC 664.288.7(b) Felony
Charge #2 Forcible Lewd Act Upon Child, PC288 (b) Felony
Charge #3 Assault by Means Likely to Produce Great Bodily Injury, PC 245 (A) Felony
Charge #4 Assault by Means Likely to Produce Great Bodily Injury, PC 245 (A) Felony
Charge #5 Child Abuse, PC 273 (A) Felony
Charge #6 Child Abuse PC 273 (A) Felony
Charge # 7 Battery Upon a Peace Officer & Designated Person, PC 243 (b) Misdemeanor
DDA Sharon K. Cho 229296 email@example.com told the court.
“The acts that were charged we would say occurred.” “But that sort of misses the point.” “Because legally we have to ask ourselves what was it that caused those acts, given the information given to us? “We just can’t prove that what resulted was voluntary intoxication versus this was someone suffering from a mental breakdown and some kind of psychosis.”
Is that really true? What were the results from the blood test that morning?
What happened? The DA had the evidence in October 2017 to charge Mr. Jaffer. What changed from that day to yesterday?
The San Mateo County Board of Supervisors should verify that the public’s interest was served in this case especially since it was DISMISSED.
How did all of those charges simply get dismissed? The answer is simple for “Those Who Matter”. The Legal Process was abused, skipped, non existent. Who did this, Steve Wagstaffe and his TEAM. They became the Judge and Jury in this case.
District Attorney Steve Wagstaffe said a team from his office met with Jaffer’s defense counsel for several hours to hear the evidence they planned to use in his defense. Though prosecutors initially thought Jaffer may have been under the influence of LSD, they learned an analysis of the combined effects of medications he was on had not been done and had resulted in behavior of which he was not conscious. Says who?
What date did this meeting take place, who attended, How long did it last?
From: Karen Guidotti [firstname.lastname@example.org] Sent: Monday, July 30, 2018 5:39 AM
To: Michael Stogner
Subject: RE: Zain Jaffer case
· The meeting was on Thursday, June 7.
· Deputy District Attorney Sharon Cho, Deputy District Attorney Sean Gallagher and I attended along with the following people
from the defense team: Attorney Patrick Clancy, attorney Daniel Olmos, Dr. Eric Wexler and Dr. George Woods.
Wagstaffe said prosecutors including Chief Deputy District Attorney Karen Guidotti, reviewed the evidence in the case, including that presented by police, and decided to dismiss all charges.
The time to REVIEW the Evidence is Before the Preliminary Hearing which was January 1, 2018.
Adverse Reaction to 2 Prescription Drugs prescribed by a Doctor. The District Attorney’s Office is NOW telling the public that Zain Jaffer was UNCONSCIOUS when his body committed all of the alleged crimes including Attempted Murder of his 3 year old son. If this were True it seems like a National Warning would be in order.
Note: These 2 Unidentified Prescription Drugs were not prescribed for his Undiagnosed Bi-Polar mental illness which they now claim he suffers from.
From: Sharon Cho [email@example.com]
Sent: Monday, July 02, 2018 9:21 PM
To: Stone, Erin
Subject: Re: Quick follow up question re Jaffer
I don’t believe there is a conflicting statement. The medication was not prescribed for bipolar disorder. According to the defense’s doctor, taking the medication with the underlying bipolar disorder is what caused the adverse reaction. Sharon Cho, DDA
Sexual Assault Unit, San Mateo County DA’s Office
The Hillsborough Police Officers were wearing Body Cameras and there is video.
Mr. Jaffer was arrested on Oct. 15 at 4AM after his father called police and told them that Jaffer was in the backyard of their home on the 1000 block of Lancaster Road in Hillsborough, abusing his 3-year-old son.
Police found Jaffer in the backyard completely naked, straddling his son, who was crying, according to District Attorney Steve Wagstaffe.
According to San Mateo District Attorney Steve Wagstaffe, Jaffer’s father called the police in the middle of the night following a violent altercation with him. When the police arrived, Jaffer was holding his son down and proceeded to grab him in the crotch area.
The DA said that when police arrived, they saw him touching the child inappropriately. Police commanded Jaffer to stop assaulting his child, but he didn’t, and instead began choking the child with his legs around the child’s neck, according to Wagstaffe.
Zain Jaffer’s attorneys are Daniel Olmos of Nolan, Barton, Bradford, Olmos LLP of Palo Alto, and Patrick E. Clancy of Pleasant Hill.
From: Steve Wagstaffe [firstname.lastname@example.org] Sent: Thursday, July 19, 2018 7:26 AM
To: Stone, Erin
CC: Karen Guidotti
Subject: Zainali Jaffer Case Hi Erin,
On another and unrelated topic, I wanted to request a correction of a statement made by one of my prosecutors, Deputy District Attorney Sharon Cho, on the Zainali Jaffer case in your article on July 3, 2018 discussing the reasons for the dismissal of the case. You did not misquote her at all, but her statement has been misconstrued by some in the community. This is my requested correction.
The earlier quotes by Deputy District Attorney Sharon Cho appear to have been misinterpreted by some. We wish to clarify that we do not believe that there was any sexual conduct by Mr. Jaffer that evening and for this reason we dismissed the sexual abuse charges. The physical injury charges were separately dismissed because we believe that the injuries were the result of Mr. Jaffer being in a state of unconsciousness caused by prescription medication.
Thank you for your consideration of this correction. Steve
What did CPS Believe?
Welcome to San Mateo County
by Michael G. Stogner