You might recall on July 2, 2018 Hon. Judge Stephanie Garratt (a former prosecutor for Steve Wagstaffe) granted the DA’s motion to dismiss all charges. I don’t think the Hon. Judge Donald Ayoob would have granted that motion.
According to District Attorney Stephen Wagstaffe, police had originally gone to Jaffer’s residence after his father had told them he (Jaffer) had assaulted him. If the father lived there and the two cohabited, this would also have qualified as an act of domestic violence -triggering police to adhere to the County’s Domestic Violence Investigation Protocol to which Hillsborough PD is a signatory.
While at the residence, police allegedly heard a child screaming in the back yard and found a naked Jaffer straddling the child trying to force his 3-year-old son’s face into his genitals (a sex crime), according to Wagstaffe.
After stopping Jaffer which included using a taser, placing him into custody, making the scene safe, and ensuring the two children and father had been provided immediate medical aid, officers should have frozen the scene [the residence]; caused the child who had been sexually assaulted & his assailant (Jaffer) to be given a sexual assault examination, at the Keller Center; authored an affidavit seeking a search warrant for Jaffer’s residence, person, cellphone, vehicle(s), business office, electronic devices (computers, iPads, etc.), and internet service provider for evidence of the crime, child pornography, and drugs -Wagstaffe said LSD was involved.
Officers should have ensured samples of Jaffer’s blood and urine had been taken and preserved, contemporaneous to the assault, for later examination -addressing any question of whether or not he had drugs onboard, at the time of the described offenses; Wagstaffe indicated LSD had possibly been involved whose clearance half-life averages 3 hours, while its metabolite clearance half-life averages 12 hours.
If Hillsborough PD did not have anyone with the requisite knowledge and or skill set to conduct such an investigation, the agency should have sought assistance from the district attorney’s office who has its own cadre of “top flight” investigators -or so they would have us believe. Certainly, once the case had been submitted to the district attorney for charging, Mr. Wagstaffe should have recognized what investigative tasks were required and ensured they were done -any golden rods Steve?
It would be interesting to learn what direction / guidance, if any, the district attorney had provided to Hillsborough PD to help them or could this be like the fraud which had occurred at the San Mateo County Transit where Wagstaffe’s assistant, Assistant District Attorney Al Serrato, characterized false debits (journal entries) and attendant felonious diversion of 2.5 million dollars of public monies as unusual accounting practices -now we know why Al, a former Special Agent, is no longer with the FBI.
The investigating officers should also have summoned the County’s crime lab personnel to examine the victim’s and suspect’ s respective clothing, injuries, and the crime scene.
In short, it appears neither the County’s domestic violence nor sexual assault investigation protocols, respectively, had been followed and, consequently, Mr. Wagstaffe had been afforded and acted upon an excuse to drop all charges for a person that matters. DA Stephen Wagstaffe didn’t even put on a preliminary hearing where a judge could have considered the evidence and decided whether it was sufficient to hold Mr. Jaffer to answer. Why not Steve?
The County’s residents deserve better, a level playing field, professional law enforcement, and justice, not the corrupt facade Mr. Wagstaffe would have you accept.
By Michael G. Stogner