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 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 firstname.lastname@example.org 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 is closed.
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?
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. If this were True it seems like a National Warning would be in order.
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.
Welcome to San Mateo County
by Michael G. Stogner