Category Archives: California State Bar

San Mateo County Courts Closed for 60 Days.

By Michael G. Stogner

All courts in the State of California are closed and cases are delayed for 60 days. Better late then never, this was a no-brainer. San Mateo County Supervisors might take this time and finally secure the 400 County Center Building as they should have years ago. People entering the building without going through the metal detectors every single day.

Hon. Judge Tani G. Cantil-Sakauye Order

Chief Justice Tani G. Cantil-Sakauye said in her order that court facilities were “ill-equipped to effectively allow the social distancing and other public health requirements” that have been imposed across California to prevent the spread of the novel coronavirus.

Leave a comment

Filed under #2americas, #citizenoversight, #SanMateoCountyNews, #SMCJUSTICE, #stayhomesavelives, Board of Supervisors, California Bar Association, California State Bar, Carlos G. Bolanos, Centers for Disease Control and Prevention, Citizen Journalist, Citizens Oversight Committee, Court Executive Officer Neal I Taniguchi, COVID-19, COVID-19 Testing, Dave Canepa, Dave Pine, David Burruto, David Silberman, Don Horsley, Dr. Scott Morrow, Emergency Operations Center, F.C. Watchdog, Government Hiding the Obvious, Grand Jury, Hon. Judge Tani G. Cantil-Sakaye, Outrageous Government Conduct, San Mateo County District Attorney Office, San Mateo County Manager, San Mateo County News, San Mateo County Sheriff Office, San Mateo County Superior Court, SMC, State of California, Victim's Advocate

Who was the Bailiff for Judge Lisa Novak January 4-5 2017?

sheriffsoffice.

By Michael G. Stogner

I would like to personally thank Him/Her for doing their job and honoring the Oath they took. Since 1998 I have known that crimes are being committed in San Mateo County Courtrooms in front of Sheriff Deputies who are sworn officers. They have a Duty to protect the Public.

This for the moment unknown Sheriff Deputy did the right thing. He/She informed Hon. Judge Lisa Novak that he had personally viewed the Video that Sheriff Sergeant Michael Edward Otte just testified to under oath & the penalty of Perjury that he never took with his personal cellphone. At the June 20, 2017 Judges Meeting, she informed the judges in attendance that She had made a finding that SMCSO Sergeant Michael E. Otte Perjured Himself in her courtroom. You would think that is Newsworthy not in San Mateo County.

Former Sheriff Sergeant Otte has quietly moved on and he has Invoked his 5th amendment rights.

Who in SMC knew about this Sheriff Carlos G. Bolanos, District Attorney Steve Wagstaffe, County Counsel John Beiers and Deputy Counsel David Silberman? Several Judges,

You would have thought the Government would have cut this case loose after this but that is not how it works in San Mateo County.

16-SM-001677-A | The People of the State of California vs. Rachel Amanda Quintana 

Think about that this for a moment, you are a woman who lives in Half Moon Bay, you have 2 brothers who recently had interactions with SMCSO who provide law enforcement services there. You take the time to personally go to the Substation and report your concerns about those interactions. A short time later YOU are arrested at your home, Sgt. Otte is videoing it on his cellphone. You are in the court system for 4 years. San Mateo County Counsel is going to inflict as much personal pain and suffering on you as possible.

I support Rachel Amanda Quintana.

1 Comment

Filed under #SanMateoCounty, #SanMateoCountyNews, #SMCJUSTICE, Bill Silverfarb, Board of Supervisors, Brady List, California Bar Association, California State Bar, Chief Deputy District Attorney Al Serrato, Chris Hunter, Citizen Journalist, Citizens Oversight Committee, Criminal Enforcement Task Force, Dave Canepa, Dave Pine, David Burruto, David Silberman, DDA Albert Serrato, Don Horsley, Felony misappropriation of public money., Government Hiding the Obvious, Grand Jury, Hon. Judge Lisa Novak, Jamie Draper, John Beiers, John Warren, Jordan Boyd, Judicial Misconduct, Marshall Wilson, Michael G. Stogner, Mike Callagy, Organized Crime, Prosecutorial Misconduct, R.E.A.C.T. Task Force, Rachel Amanda Quintana, Rick Decker, San Mateo County Sheriff Office, San Mateo County Superior Court, Sean Gallagher, SMCSO Deputy JOSE M.Velasquez, SMCSO Deputy Nicholas P. Kostielney, SMCSO Michael E. Otte, SMCSO PIO Rosemerry Blankswade, Steve Wagstaffe, Victim's Advocate, Warren Slocum, Whistleblowers

“Unqualified trust relationship with this partner.” Hon. Judge Lisa Novak

By Michael G. Stogner

CarlosG.Bolanos

Sheriff Carlos G. Bolanos

In a response to the Commission on Judicial Performance .

The Commission on Judicial Performance, established in 1960, is the independent state agency responsible for investigating complaints of judicial misconduct and judicial incapacity and for disciplining judges, pursuant to article VI, section 18 of the California Constitution.

Somebody filed a complaint against Judge Novak because she notified all the Judges present at the June 20, 2017 Judges Meeting, She had made a finding that SMCSO Sergeant Michael E. Otte Perjured Himself in her courtroom.

The person or persons who filed the complaint was not concerned at all by the fact that a SMC Sheriff Sergeant would lie under oath in her court, the person and the CJP was only concerned that she informed all the Judges who attended.

She noted the close relationship between the Sheriffs Office and the Court and cited the need to have an unqualified trust relationship with this partner.

Lets look at this unqualified trust relationship with the Sheriff’s Office under the leadership of Carlos G. Bolanos.

In-Custody Homicide of Chinedu Okobi three False News Releases. Omitting 6th Sheriff Employee for starters.

San Mateo County Sheriff Sergeant Lou Aquino DUI arrested by RWCPD September 14, 2019 Sheriff Bolanos refuses to release the Booking Photo. Why?

San Mateo County former Sheriff Deputy Juan P. Lopez criminal case going for more than 5 years with the sole purpose to cause harm to him mentally and financially. The public might recall the big Press Conference claiming Nobody is above the law in San Mateo County and Charging Deputy Lopez with Smuggling a Cellphone and Drugs to a Hells Angel member in Jail. Sheriff Carlos Bolanos knew there was No Evidence to support those charges.

These are just three current examples unqualified trust relationship with the Sheriff’s Office under the leadership of Sheriff Carlos G. Bolanos.

An older example when Carlos G. Bolanos was Undersheriff 2010 the Brave Female Deputy reporting the 46 San Mateo County Sheriff Male Employees receiving and sharing Porn and Rape Video on County Computers.

It is my experience that Judges in San Mateo County have allowed Sheriff Employees and District Attorney Employees and County Counsel Employees to lie/file false instruments and give False Testimony on a daily basis, this is the Norm it shouldn’t be.

I say you can’t possibly manage what you don’t measure.

Lets find out exactly what happened after Hon. Judge Lisa Novak made a finding that SMCSO Sergeant Michael E. Otte Perjured Himself in her courtroom.

Commission on Judicial Performance Report

1 Comment

Filed under #Blacklivesmatter, #MeToo, #SanMateoCountyNews, #TimesUp, Board of Supervisors, Body Camera Video, Brady List, California Bar Association, California State Bar, Charles Stone, Chief Deputy District Attorney Al Serrato, Chinedu Okobi, Chris Hunter, Citizen Journalist, Citizens Oversight Committee, City of Millbrae, Community Service Officer Joseph Gonzales, Criminal Enforcement Task Force, Customers of Human Trafficked Sex Slaves, D.J. Wozniak, Dave Canepa, Dave Pine, David Burruto, David Silberman, DDA Albert Serrato, DDA Bryan Abanto, DOJ, Don Horsley, Evidence Tampering, Felony misappropriation of public money., First Chance, Government Hiding the Obvious, Governor of California, Grand Jury, Hon Stephanie Garratt, Hon. Judge George Miriam, Hon. Judge Gerald Bushwald, Hon. Judge Jeffrey R. Finnigan, Hon. Judge Lisa Novak, Hon. Judge Mark Forcum, Hon. Judge Raymond Swope, Hon. Judge Robert Foiles, Hon. Judge Stephanie Garratt, Hon.Judge Donald Ayoob, Illegal Search of Cellphone, Jamie Draper, John Beiers, John Warren, Joseph Charles, Judicial Misconduct, Kevin Mullins, Mark Simon, Marshall Wilson, Michael G. Stogner, Michelle Durand, Mike Callagy, NAACP, Organized Crime, Outrageous Government Conduct, Prosecutorial Misconduct, R.E.A.C.T. Task Force, Rick Decker, Robert Fourcrault, SamTrans Fraud Investigation, San Mateo County District Attorney Office, San Mateo County Grand Jury, San Mateo County News, San Mateo County Sheriff Lt. Andrew Armando, San Mateo County Sheriff Office, San Mateo County Sheriff Office Porn and Rape Video, Sean Gallagher, Secret/Hidden Search Warrants, Selective Prosecution, Sheriff Carlos G. Bolanos, SMCSO Lt. Kristina Bell, SMCSO Michael E. Otte, SMCSO PIO Rosemerry Blankswade, SMCSO Sergeant Jacob Trickett, SMCSO Sergeant Lou Aquino, SMCSO Sgt. Irfan Zaidi, SMCSO Sgt. Jason Peardon, Steve Wagstaffe, Those Who Matter, Victim's Advocate, Warren Slocum

San Mateo County Sheriff Sergeant Michael E. Otte Committed Perjury, Why wasn’t he charged? Selective Prosecution.

By Michael G. Stogner

On January 4 and 5, 2017, Hon. Judge Lisa Novak heard a motion to dismiss in People v. Rachel Quintana (No. 16-SM-001677) San Mateo County Sheriff Sergeant Michael E. Otte testified under oath that he did not take a video of the arrest on his cellphone. Another SMCSO Deputy NICHOLAS P. Kostielney on February 2, 2016 Filed a supplemental report after the arrest Kostielney stated that “no cellular telephones possessed any video footage of the incident.” The arrest date was August 28, 2015 so that gave Kostielney 5 months to make that statement. Filing a false police report is a crime.

As it would turn out a person at the arrest took out his cellphone and videoed Sgt. Otte videoing the arrest. Also Judge Novak’s Bailiff came up to her and reported that he had viewed the video Sgt. Otte just lied about under oath. Good Job to the bailiff.

January 20, 2017 at a Judges Meeting, Judge Lisa Novak informed the Court’s Judges that she had made a finding that SMCSO Sergeant Michael E. Otte Perjured Himself.

How many Judges attended the Judge’s Meeting and have known from that moment on that at least two San Mateo County Sheriff Employees committed perjury and did not make sure that the District Attorney’s Office Prosecute them. How many Attorneys at San Mateo County Counsel’s Office know this information. Finally how Supervisors of SMC and their staff know this information.

The D.A.’s office does in fact charge some people with perjury, 4 witnesses in the Sunny Day Murder trials as an example.

Also this relationship that Judge Novak shared should be broken up.

She noted the close relationship between the sheriffs office and the court and cited the need to have an unqualified trust relationship with this partner.

 

Judge are the safety net for the public, The public trust is at stake here they are counting on the judges to no allow Prosecutorial Misconduct, or Law Enforcement Misconduct or Misconduct by County Counsel. Why didn’t Judge Lisa Novak have Sheriff Sergeant Otte come back to court and explain why he used his cellphone to video an arrest in the first place and why did he just lie under oath in her court?

When San Mateo County Sheriff Sergeants, Deputies lie under oath in Courts the Jury tends to believe them as they should.

Note: Michael E. Otte is no longer employed by San Mateo County Sheriff’s Office.

 

 

 

 

 

Leave a comment

Filed under #SanMateoCountyNews, #SMCJUSTICE, Attorney Generals Office, Bill Silverfarb, Board of Supervisors, Brady List, California Bar Association, California State Bar, Carole Groom, Charles Stone, Chief Deputy District Attorney Al Serrato, Chris Hunter, Citizen Journalist, Citizens Oversight Committee, Criminal Enforcement Task Force, Dave Canepa, Dave Pine, David Burruto, David Silberman, DDA Albert Serrato, Don Horsley, Evidence Tampering, Facebook, Google, Government Hiding the Obvious, Grand Jury, Hon. Judge Lisa Novak, Jamie Draper, John Beiers, John Warren, Jordan Boyd, Judicial Misconduct, Michael G. Stogner, Michelle Durand, Mike Callagy, Organized Crime, Outrageous Government Conduct, Prosecutorial Misconduct, R.E.A.C.T. Task Force, Rick Decker, San Mateo County Grand Jury, San Mateo County News, San Mateo County Sheriff Office, San Mateo County Superior Court, San Mateo County Supervisors, Selective Prosecution, Sheriff Carlos G. Bolanos, Sheriff's Public Information Officer, SMC, SMCSO Deputy Nicholas P. Kostielney, SMCSO Michael E. Otte, Steve Wagstaffe, Those Who Matter, Victim's Advocate, Warren Slocum

San Mateo County News.com Names Deputy Coroner Heather Diaz Employee of the Year.

By Sarah Navratil & Michael G. Stogner

December 27, 2018 and signed off on December 31, 2018, Became public on March 1, 2019 after the San Mateo County District Attorney made it available on their website. District Attorney Steve Wagstaffe held a Private Press Conference where he gave a 26 minute presentation of the Investigation of the In-Custody Homicide of Chinedu Okobi. HOMICIDE was never mentioned.

We at San Mateo County News.com can just imagine the pressure she must have felt for simply doing the job she was hired to do. The amount of other SMC Employees who had knowledge of her Homicide ruling and Omitted that word is shocking.

Congratulations Heather Diaz.

San Mateo County Deputy Coroner Heather Diaz # 21 stated: “Upon arrival of Paramedics and Fire Personnel Chinedu Okobi was assessed and found to be unresponsive.”

“As the death was the result of multiple measures to subdue Chinedu Okobi by law enforcement, and based on the information contained in the Coroner’s Investigation Report, Toxicology Report, medical records, and multiple videos, 

“I have determined the manner of death to be homicide.”

March 1, 2019 SMCDA’s Work Product made public.

You will notice the District Attorney and Sheriff’s Office only names five names. There were SIX Everybody knows that.

The only San Mateo County District Attorney Employee to Include civilian CSO Joseph Gonzales was SMCDA Inspector Gregory Giguiere 80215

October 3, 2018 2:50PM

San Mateo County Sheriff Sgt. Trickett was the Incident Commander at the scene. He identified the “Involved Parties.”

Involved Parties:

Sergeant David Weidner

Deputy Joshua Wang

Deputy Alyssa Lorenzatti

Deputy John Demartini

Deputy Bryan Watt

Community Service Officer (CSO) Joseph Gonzales

Leave a comment

Filed under #Blacklivesmatter, #SanMateoCountyNews, AXON, Bill Silverfarb, Board of Supervisors, Brady List, California State Bar, Carole Groom, Chief Deputy District Attorney Al Serrato, Chinedu Okobi, Chris Hunter, Citizen Journalist, Citizens Oversight Committee, City of Millbrae, Community Service Officer Joseph Gonzales, CSO Joseph Gonzales, D.J. Wozniak, Dave Canepa, Dave Pine, David Burruto, David Silberman, DDA Albert Serrato, Deputy Alyssa Lorenzatti, Deputy Bryan Watt, Deputy Coroner Heather Diaz, Deputy John DeMartini, Deputy Joshua Wang, DOJ, Don Horsley, Excessive & Unnecessary Use of Force, Jamie Draper, John Beiers, John Warren, Jordan Boyd, Kevin Mullins, Marshall Wilson, Michael G. Stogner, Mike Callagy, Prosecutorial Misconduct, Rick Decker, Sean Gallagher, Senator Jerry Hill, Sgt. Bob Pronske, Sheriff Carlos G. Bolanos, SMC, SMCSO PIO Rosemerry Blankswade, SMCSO Sgt. Irfan Zaidi, SMCSO Sgt. Jason Peardon, SMCSO Sgt. Weidner, Steve Wagstaffe, Those Who Matter, Victim's Advocate, Warren Slocum

The public expects criminal charges filed are Accurate and Honest, Juan P. Lopez case proves that is not true in San Mateo County.

5930cc0f6e151.image

Update November 6, 2019 Juan P. Lopez Declined the D.A.’s Offer & said “Lets go to Trial.” Next Court Date:November 12, 2019 Time: 9:00 AM 400 County Center Redwood City these Motions will be heard.

Motion to dismiss for Break of Chain of Custody

Motion to dismiss for Discovery Violations

Motion of Brady Violations

Motion of Outrageous Govt. Conduct

This Letter to the Editor was not published, That’s 84,000 San Mateo County Residents who won’t see this information. Jon Mays has decided this is not Newsworthy.

Michael Stogner <michaelgstogner@yahoo.com>

To: Editor San Mateo Daily Journal Nov 2 at 6:58 AM

The public expects criminal charges filed are accurate and honest, Juan P. Lopez case proves that is not true in San Mateo County

Editor

November 6, 2019 SSF Court 1:30 PM

X Deputy Juan P. Lopez will inform the court of his response to the District Attorneys Office Offer of No Prison Time if he accepts the deal.

Everyone in San Mateo County remembers Five years ago he was arrested at gun point in front of his son for Smuggling a Cellphone and Drugs to a Hells Angel Inmate at the Redwood City Jail. Big press conference by D. A. Wagstaffe at the time, It was also reported he embezzled up to $400,000 of campaign donations. One small problem with that was he only raised about $400.00. Those charges were all dismissed because of Prosecutorial Misconduct. He is now being offered a deal to plead guilty to charges that came from the BACKPACK that was stolen from his car which was parked at his condo in Redwood City. That theft happened shortly after he filed papers as a Write In Candidate for Sheriff. A search warrant was then created looking for what they already had “Documents that were stolen” Mortgage Fraud the owner occupied box had a check mark in it. The lender never filed a complaint.

Any concerned citizens/residents are invited to join us in court November 6, 2019

Michael G. Stogner

Monterey County

I first met Sheriff Deputy Juan P. Lopez right after he announced he was going to be a candidate for Sheriff in San Mateo County in 2014. I thanked him for giving the residents a choice for Sheriff. I was on the phone with him when he got arrested at gun point at one of his homes. I was with him when the Sheriff’s Office served him with legal papers at his home, I opened the door and greeted the 2 Sheriff Deputies. I was with him and another concerned citizen Lamont Phemister when the Sheriff’s Office ordered him to be at the Gun Range to receive more legal papers. The first time they gave him 90 minutes notice, the second time 4 day notice.

Sheriff Deputy Juan P. Lopez was charged with 14 Felony Counts 5 years ago. The District Attorney’s Office, The Sheriff’s Office and County Counsel’s Office have done everything possible to cause harm to him and those close to him. He has lost 5 years of Income, his last year he earned about $250,000. He has hired 2 Law Firms you can guess that cost is over $200,000.

Now Five Years later the District Attorneys Office Offers a Plea Bargain the day It’s lead Investigator Jordan Boyd was to take the Witness stand. Tomorrow he and his attorneys will inform the Court and all of San Mateo County his response.

I personally think that is Newsworthy I might be wrong.

By Michael G. Stogner

Leave a comment

Filed under #SanMateoCountyNews, #SMCJUSTICE, Associated Press, Attorney Generals Office, Bill Silverfarb, Board of Supervisors, California State Bar, Carole Groom, Charles Stone, Chief Deputy District Attorney Karen Guidotti, Chris Hunter, Citizen Journalist, Citizens Oversight Committee, D.J. Wozniak, Dave Canepa, Dave Pine, David Burruto, David Silberman, DDA Al Serato, DDA Bryan Abanto, DOJ, Don Horsley, Evidence Tampering, Excessive & Unnecessary Use of Force, Factual Innocence Ruling., Grand Jury, Hon.Judge Donald Ayoob, Illegal Search of Cellphone, Jamie Draper, John Beiers, John Warren, Jon Mays, Jordan Boyd, Juan P. Lopez, Judicial Misconduct, Kevin Mullins, Maria Belyi, Mark Church, Marshall Wilson, Matthew Graves, Michael G. Stogner, Mike Callagy, Organized Crime, Prosecutorial Misconduct, R.E.A.C.T. Task Force, Rick Decker, RICO, San Mateo County District Attorney Office, San Mateo County Elections Office, San Mateo County Grand Jury, San Mateo County News, San Mateo County Sheriff Office, San Mateo County Superior Court, San Mateo Daily Journal, Secret/Hidden Search Warrants, Senator Jerry Hill, Sheriff Carlos G. Bolanos, Sheriff Munks, Steve Wagstaffe, Those Who Matter, Tony Serra, Victim's Advocate, Whistleblowers

SMC Sheriff Sgt. Irfan Zaidi Qualifies as a Brady Officer. Is He on the List? Who controls the list? Is there even a List?

The law enforcement profession requires integrity and trust and an officer who lies violates that trust and tarnishes the integrity of the profession.

October 3, 2018 at 1:00 PM Millbrae, California, Chinedu Okoki a 36 year old man was walking down the sidewalk on El Camino Real. Within 10 minutes he was Tasered 7 times, sprayed in the face with O.C. spray as six San Mateo County Sheriff Employees were on top of him. He was completely limp, unconscious, and never made a sound again. He died there on the spot in the Custody of the Sheriff’s Office.

San Mateo County Sheriff Sergeant Zaidi was not one of the Six Sheriff Employees involved in the In-Custody Death of Chinedu Okobi. Nineteen days later, On October 22, 2018 he filed an Official Report with the District Attorney’s Office making knowingly false statements.

” I directed Deputy Lorenzatti to remove the metal handcuffs from the suspect which she did, and the suspect was placed on his back. The Fire Department and AMR promptly began CPR.”

District Attorney Steve Wagstaffe on March 1, 2019 provided a video that he and his Team produced for the public it can be found on his website. The placing Chinedu Okobi on his back and CPR starts at the 18:50 mark. The video shows Deputy Lorenzatti did Not remove the handcuffs.

SMCSO Deputy Lorenzatti made an official statement on 10/04/2018 3:50 PM. to Inspector Eric Suzuki.

“They were like, well let’s get him on his back and start CPR, So then I, you know helped em, bring him to his back.

Question? “Okay and were his Handcuffs off at that point?”

Answer: No they were still on.

Eng. #37 Mazza Statement: “When decedent was lifted onto the gurney, a police officer cadet or trainee removed the Handcuffs from the decedents wrists.”

AMR #94 Retanubun Statement: “They put the decedent on to a “Mega Mover” when noticed the decedent still had handcuffs on.” “Saw police cadet nearby who assisted them with the removal of the Handcuffs.”

AMR #37 Uhland: “So they laid the decedent on his back with the Handcuffs still on his wrists.”

AMR #94 Pham: “Decedent was on his back with Handcuffs on when he arrived.”

AMR #37 Holman: “When they rolled the decedent over to remove the Handcuffs, she noticed several scrapes on his hands and a few small abrasion on his back.” “She was unsure if the injuries were there prior or if caused by the CPR application.”

According to Wagstaffe’ Video, Chinedu Okobi was placed on his back at 18:26 mark.

CPR starts at 18:50 mark with Handcuffs On and Hands behind his back.

Handcuffs Removed at 28:47 mark after almost 10 minutes of Chest Compressions.

What caused Sheriff Sgt. Zaidi to file this Bizarre False Official Statement?

District Attorney Steve Wagstaffe’s Video and Data made public March 1, 2019

LATIMES Article June 6, 2019

Note: 300 Deputies on the list. Sheriff Alex Villanueva, has called the Brady list a “fake list” and says it was the result of corrupt investigations designed to retaliate against certain deputies.

Should deputies’ misconduct be disclosed to D.A.?

Justices seem split on ruling that bars sheriff from giving officers’ names to prosecutors.
By Maura Dolan and Maya Lau
The California Supreme Court appeared divided Wednesday over a ruling that barred the Los Angeles County sheriff from giving prosecutors the names of deputies who have committed misconduct.
During a hearing, the state high court weighed an appeal of a decision that prohibited the sheriff from giving the district attorney the names of deputies with a history of bad behavior, including lying, taking bribes, tampering with evidence, using unreasonable force or engaging in domestic violence.
By law, prosecutors are required to disclose to defendants exculpatory evidence, including information that could diminish the credibility of police officers who worked on a case.
Several justices suggested Wednesday that prosecutors need the information to fulfill their constitutional duty to disclose potentially exonerating information.
That position has been endorsed by defense lawyers, prosecutors and the California attorney general.
Justice Goodwin Liu noted that prosecutors ultimately bear liability for failing to disclose favorable evidence.
If the prosecution is unaware that such evidence exists, convictions — even valid convictions — may eventually be overturned because of a failure to disclose, he said.
“The prosecution can’t take an ostrich-like approach to this very important duty,” Liu said.
But Chief Justice Tani Cantil-Sakauye suggested that the Legislature, not the court, might want to take steps to ensure that exonerating information is disclosed to the defense.
She said one possible remedy was to give trial judges sealed lists of law enforcement officers who have a history of misconduct. The judges could review those lists privately in chambers to determine whether the officers’ records were relevant in the case and should be disclosed.
“Doesn’t delivering the list directly to the court under seal … meet the problem without intruding overtly on the officers’ privacy?” she asked.
Justice Ming W. Chin also repeatedly asked whether that path, if carved out by the Legislature or by the court in a future case, could resolve the problem.
The case before the court stems from a lawsuit filed by the L.A. deputies union to prevent former Sheriff Jim McDonnell from turning over to the district attorney about 300 names of deputies with a history of misconduct.
A divided, Los Angeles-based court of appeal ruled in 2017 that the list must be kept secret, even in pending criminal cases in which errant deputies were expected to testify.
The state high court’s decision, due in 90 days, would affect law enforcement agencies throughout the state.
The case pits the privacy rights of law enforcement officers against the constitutional duty of prosecutors to give the defense evidence that might cast doubt on a defendant’s guilt, reduce a potential sentence or diminish the credibility of prosecution witnesses.
That duty stems from a landmark 1963 U.S. Supreme Court case, Brady vs. Maryland, which said suppression of evidence favorable to the defense violated due process.
At issue is only whether the names can be turned over to prosecutors, not whether they would become public.
But the presence of the names on a list means deputies could be one step closer to having their disciplinary files scrutinized by a judge and their police work called into question during a court proceeding.
Justice Mariano-Florentino Cuellar noted that the constitutional duty to disclose evidence favorable to the defense trumps state law intended to protect the privacy of law enforcement officers. He suggested the court could “harmonize” the laws.
He called the case “very challenging,” but also noted that “the Brady responsibility is on the state.”
Justice Joshua P. Groban expressed skepticism about the union’s legal arguments.
“You are saying as long as we can bar the door and keep the law enforcement agency from sharing that with the prosecution, then there is no Brady violation?” he asked the lawyer for the union.
Justice Carol A. Corrigan noted that officers whose names were on a list would have less privacy protection than others.
But she also said that a state law intended to protect officer privacy while allowing some disclosures may be hindering the release of information a criminal defendant is entitled to under the Constitution.
Under the system in place for four decades, defense attorneys and prosecutors may ask a trial judge to review an officer’s personnel file to determine whether there is evidence that must be disclosed.
But without knowing an officer’s history, a defense lawyer may not be able to persuade the judge to undertake a review.
“There are cases in which legitimate and material evidence is eluding their review,” Corrigan said.
Justice Leondra R. Kruger asked whether there were legal safeguards that could be imposed to protect officer privacy after the names were disclosed to prosecutors.
Aimee Feinberg, representing the state attorney general, said courts could issue protective orders to ensure the officers’ names were shielded from the public.
Geoffrey S. Sheldon, who argued for Los Angeles County, said he felt “good” about how the hearing went.
“I’m cautiously optimistic that we will prevail in the case,” he said.
Judith Posner, representing the union, said she couldn’t predict the outcome.
“There were a lot of interesting and probing questions on both sides,” she said.
Police departments in at least a dozen counties, including San Francisco, Sacramento and Ventura, have had a regular practice of sending prosecutors the names of so-called Brady list officers.
California’s strict laws protecting officer personnel files — which underpinned the appellate court’s ruling for the deputies union — were dramatically altered by a new transparency law that opened up records of confirmed cases of lying and sexual misconduct by officers, as well as shootings and serious uses of force.
SB 1421, which went into effect Jan. 1, allows the public to see many of the documents at issue in the L.A. County sheriff’s case.
But the new law does not apply to the broader range of misconduct that could put an officer on a Brady list, including domestic abuse, sexual harassment, racial discrimination and bribery.
Sheriff Alex Villanueva, who ousted McDonnell in a stunning upset last fall, has called the Brady list a “fake list” and says it was the result of corrupt investigations designed to retaliate against certain deputies.

By Michael G. Stogner

 

Leave a comment

Filed under #Blacklivesmatter, #SanMateo, #SanMateoCountyNews, #SMCJUSTICE, Associated Press, Attorney Generals Office, AXON, Bill Silverfarb, Board of Supervisors, Body Camera Video, Brady List, California Bar Association, California State Bar, Carole Groom, Charles Stone, Chinedu Okobi, Chris Hunter, Citizen Journalist, Citizens Oversight Committee, City of Millbrae, City of San Carlos, Community Service Officer Joseph Gonzales, D.J. Wozniak, Dave Canepa, Dave Pine, David Burruto, David Silberman, Deputy Alyssa Lorenzatti, Deputy Bryan Watt, Deputy John DeMartini, Deputy Joshua Wang, DOJ, Don Horsley, Google, Grand Jury, Jamie Draper, John Beiers, John Burris, John Warren, Kevin Mullins, Mark Church, Marshall Wilson, Matthew Graves, Menlo Park Police Department, Michael G. Stogner, Mike Callagy, Millbrae City Manager Tom Williams, NAACP, Organized Crime, Positional Asphyxia, Prosecutorial Misconduct, R.E.A.C.T. Task Force, Rick Decker, RICO, San Mateo County District Attorney Office, San Mateo County Sheriff Office, Senator Jerry Hill, Sgt. Bob Pronske, Sheriff Carlos G. Bolanos, SMC, SMCSO Captain Paul Kunkel, SMCSO PIO Rosemerry Blankswade, SMCSO Sgt. Irfan Zaidi, SMCSO Sgt. Weidner, Steve Wagstaffe, Susan Bassi, Those Who Matter, Victim's Advocate, Warren Slocum, Whistleblowers, Yahoo

Chinedu Okobi R.I.P. In-Custody Death.

The Taser Part of the story.

October 3, 2018 Millbrae, California Chinedu Okobi died In-Custody of Six San Mateo County Sheriff Employees. Not Five.

October 15, 2018 San Mateo County District Attorney Steve Wagstaffe  said “Two Deputies used their tasers multiple times and Okobi died.” That’s 12 days the DA has had the facts.

Reporter Roz Plater NBC Bay Area News Two Deputies

October 17, 2018 Senior Inspector Bill Massey receives the AXON data for the Tasers from Sergeant Bob Pronske. It shows 7 deployments from Deputy Wang’s Taser 6 with full 5 seconds discharges and the 7th with a 4 second discharge. So that is 1 Deputy with 7 activations.

Now add at some unknown date Rick Decker who’s boss is Inspector Bill Massey and he changes the story to a few activations.

So we went from Two Deputies to One Deputy with 7 activations, to One Deputy with a few activations.

How does this information keep changing?

All reports can be found pages 53-54 on the District Attorney’s website.

By Michael G. Stogner

1 Comment

Filed under #Blacklivesmatter, #SanMateoCountyNews, #SMCJUSTICE, 911, Board of Supervisors, California State Bar, Carole Groom, Charles Stone, Chinedu Okobi, Chris Hunter, Citizens Oversight Committee, City of Millbrae, D.J. Wozniak, Dave Canepa, Dave Pine, David Burruto, David Silberman, Deputy Alyssa Lorenzatti, Deputy Bryan Watt, Deputy John DeMartini, Deputy Joshua Wang, Diane Papan, Don Horsley, Evidence Tampering, Google, Governor of California, Grand Jury, Jamie Draper, John Beiers, John Burris, John Warren, Michael G. Stogner, Mike Callagy, Positional Asphyxia, Prosecutorial Misconduct, R.E.A.C.T. Task Force, Rick Decker, San Mateo County District Attorney Office, San Mateo County Sheriff Office, Senator Jerry Hill, Sergeant David Weidner, Sgt. Bob Pronske, Sheriff Carlos G. Bolanos, Sheriff's Public Information Officer, SMCSO PIO Rosemerry Blankswade, Steve Wagstaffe, Those Who Matter, Warren Slocum, Yahoo

Commission on Judicial Performance (CJP) gets low marks in Audit.

April 25, 2019
2016-137

The Governor of California
President pro Tempore of the Senate
Speaker of the Assembly
State Capitol
Sacramento, California 95814

Dear Governor and Legislative Leaders:

At the request of the Joint Legislative Audit Committee, the California State Auditor presents this audit report of the Commission on Judicial Performance (CJP). CJP is the agency charged with investigating complaints about judicial misconduct and deciding whether to discipline California judges for violations of the code of judicial ethics, and our review found that CJP must address the following weaknesses:

  • It does not consistently take all reasonable steps when it investigates alleged misconduct.
  • Its structure and disciplinary processes do not align with best practices.
  • It has not worked sufficiently to increase its transparency and accessibility.

In about one-third of the cases we reviewed, we found that CJP’s investigators did not take all reasonable steps to determine the existence or extent of alleged misconduct, such as inappropriate demeanor or improper delegation of duties to court staff. These missed steps include not speaking with all relevant witnesses, not obtaining additional evidence, and not taking a broad approach to determining misconduct in light of a pattern of allegations. Furthermore, CJP’s structure—as a single entity that both investigates alleged judicial misconduct and makes decisions about the appropriate level of discipline—results in judges facing potential discipline from a body of commissioners that is privy to unfounded allegations of misconduct. CJP also delegates responsibility for evidentiary hearings on alleged misconduct to three judges appointed by the Supreme Court of California, a practice that falls short of the voters’ intent to increase the public’s role in judicial discipline with the passage of Proposition 190 in 1994. Finally, CJP has not taken steps to hold meetings that are open to the public or to accept electronically submitted complaints, despite decades of public scrutiny about its lack of transparency and inaccessibility.

CJP’s operations and structure must change significantly to address the issues that this audit revealed. CJP can change its internal policies to address concerns about the planning and supervision of its investigations. However, changes to CJP’s structure will require an amendment to the California Constitution and CJP will need to inform the Legislature about any related funding needs as it adjusts its practices.

Respectfully submitted,

ELAINE M. HOWLE, CPA
California State Auditor

Leave a comment

Filed under #SanMateoCountyNews, #SMCJUSTICE, Attorney Generals Office, California Bar Association, California State Bar, Citizen Journalist, Citizens Oversight Committee, Governor of California, Grand Jury, Joe Sweeny, John Beiers, Judges, Judicial Misconduct, Kamela Harris, San Mateo County Superior Court, Susan Bassi, Those Who Matter, Victim's Advocate, Whistleblowers

SMC District Attorney Steve Wagstaffe making Chinedu V. Okobi recordings public tomorrow.

 

No mention of the Sixth San Mateo County Sheriff Employee Civilian CSO Joseph Gonzales. He participated in the physical takedown of Okobi, He also can be clearly seen deploying O.C. Spray at the 7:18 mark of Wagstaffe’s video.

No criminal charges for San Mateo County sheriff’s deputies in death of Chinedu Okobi.

District Attorney Steve Wagstaffe has stated he will provide the Video and Audio recordings of the October 3, 2018 Pedestrian In Custody Death of Chinedu V. Okobi. They will be available on the District Attorney’s website March 1, 2019 in the afternoon. He will also announce his charging decision of the 5 SMCSO Employees at an 11:00 am press conference at his office in Redwood City March 1, 2019.

D0iHeZDU4AAQk86

By Michael G. Stogner

Leave a comment

Filed under #Blacklivesmatter, #SanMateoCountyNews, #SMCJUSTICE, 911, Ann Scheidner, Anne Olivia, Attorney Generals Office, Board of Supervisors, California State Bar, Carole Groom, Chinedu Okobi, Citizen Journalist, Citizens Oversight Committee, City of Millbrae, Community Service Officer Joseph Gonzales, CSO Joseph Gonzales, D.J. Wozniak, Dave Canepa, Dave Pine, David Burruto, Deputy Alyssa Lorenzatti, Deputy Bryan Watt, Deputy John DeMartini, Deputy Joshua Wang, Diane Papan, DOJ, Don Horsley, Google, Jamie Draper, John Burris, John Warren, Judicial Misconduct, Michael G. Stogner, Mike Callagy, Millbrae City Manager Tom Williams, Positional Asphyxia, Prosecutorial Misconduct, Rueben Holober, San Mateo County Clerk to Supervisors, San Mateo County Grand Jury, San Mateo County Manager, San Mateo County Sheriff Office, Sergeant David Weidner, Sheriff Carlos G. Bolanos, Silicon Valley, SMC, SMCSO Captain Paul Kunkel, Steve Wagstaffe, Those Who Matter, Victim's Advocate, Warren Slocum, Wayne Lee, Yahoo