Category Archives: Chief Deputy District Attorney Al Serrato

San Mateo County Sheriff’s News Release was a lie. Why?

A Reasonable Person after viewing the Video prepared by District Attorney Steve Wagstaffe will come to the conclusion that Chinedu V. Okobi died on El Camino Real, Millbrae California at the 9:10 mark 87 seconds before his body was sat up on his rear end with his legs straight out and his head slumped forward closing his airways. That is a full 9 minutes 40 seconds before CPR Chest Compressions were given while his hands were handcuffed behind his back. During this time there was a lot of talk and captions about checking his pulse but there is little evidence any of the 5 Sheriff Deputies or the CSO did actually check his pulse.

CarlosG.Bolanos

Sheriff Carlos G. Bolanos

SMCSO Press Release October 3, 2018

The deputy exited his vehicle to contact the suspect and the suspect immediately assaulted the deputy, that is the biggest lie of the two. a male adult who was running in and out of traffic on El Camino Real is the second.

Chinedu Okobi was not running in and out out traffic before Deputy Wang tried to herd him with his vehicle including driving the wrong way on ECR.

 

Supervisor Don Horsley while serving as Sheriff terminated the employment of a Correctional Officer for being dishonest, lying to a law enforcement officer during an investigation.

 

Sup_Don_Horsley_portrait

Don Horsley Terminates Employee for Dishonesty

The False San Mateo County Sheriff Office Press/News Release is the same thing. Everybody in the DA’s Office, County Counsel, and Sheriff’s Office who had access to the data knew the Press Release was Dishonest. There lies the problem for SMC residents/

PIO Rosemerry Blankswade and Sheriff Carlos G. Bolanos are responsible.

District Attorney Steve Wagstaffe took 5 months to finally release a highly edited creation of video/some-audio including Captions he felt would be helpful in misleading the public to believe that Chinedu V. Okobi “He was still breathing when the Sheriff Deputies turned him over to the AMR people.” Wagstaffe does not tell you what time in the video that transfer of responsibility occurred. Wagstaffe also fails to identify CSO Joseph Gonzales 6:26 mark who was physically involved in the takedown of Mr. Okobi. You can see him in action at the 7:18 mark when several deputies get pepper sprayed. Wagstaffe’s Caption at 7:22 mark “A deputy attempts to subdue Okobi with pepper spray but mistakenly hits his fellow deputies and sergeant.” Joesph Gonzales is not a San Mateo County Sheriff Deputy, Wagstaffe knows that. He doesn’t identify the deputy, Why? There are 5 deputies and 1 CSO that makes 6 people involved. Wagstaffe only identifies the 5 deputies Why?

Wagstaffe fails to put a caption at the 10:57 mark. Deputy DeMartini Tampering with Evidence

Steve-Wagstaffe

D.A. Stephen M. Wagstaffe

Wagstaffe’s Video and Data Released March 1, 2019

By. Michael G. Stogner

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Expert Martin has Chinedu V. Okobi Handcuffed at 7:10 in Wagstaffe’s video.

That is simply not even close to being true. After investing about 30 Hours going over what the Government has provided the public I say Chinedu V. Okobi was handcuffed at 8:31, Dead at 9:10, and Sat up with legs straight out and head slumped forward at 10:27. Not one San Mateo County Sheriff Deputy provided CPR, and they conspired to create the story that he was alive and well all the time they had him in their custody and he only died after the Firefighters and AMR staff took over which is a disgusting lie by itself.

7:22 mark in the video the Caption says “A Deputy attempts to subdue Okobi with Pepper Spray, But mistakenly hits his fellow deputies and Sergeant. As the viewer can clearly see Chinedu V. Okobi is Not Handcuffed yet.

Martin: Sergeant Weidner requested EMS response just after getting Mr. Okobi handcuffed at 7:10 mark.

 

 

Community Service Officer Joseph Gonzales 6:26 mark who was instrumental in the take down of Chinedu V. Okobi is not listed on the front page of the video and hidden in the reports as a Witness. I say and the video proves he was much more than a witness.

The Coroners Office got it right ruled it a Homicide.

San Mateo District Attorney Official Reports

Board of Supervisors 3/12/2019 Public Comment @29:30 Mark

By Michael G. Stogner

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San Mateo County’s E-mail Deletion Policy, Put on Hold by Mike Callagy

mc_portrait_squareArtboard 1

San Mateo County Manager Mike Callagy

San Mateo County Manager Mike Callagy has stopped/paused/delayed this policy from going into effect Feb. 1, 2019. May 1, 2019 is the date it will go into effect unless it is rescinded.

I’ll give just a couple of examples of why this is a terrible policy. San Mateo County’s last election had a tax measure W pass in the last couple of days by about 500 votes with more than 270,000 ballots cast. Several elected officials made public statements including Audit/Recall the elections office and officer. That is pretty unusual, it will be important to go back years to find all communications between the elected officials, county counsel attorneys, Supervisors, Assemblymen, Wordcrafters who communicated about placing Measure W on the ballot in the first place, using public monies to promote it etc.

San Mateo County District Attorney’s Office used as a weapon, falsely charging people: Sheriff Deputy Juan P. Lopez criminal case is a perfect example, you will recall Steve Wagstaffe told the world he smuggled a cellphone and drugs to a gang member in jail. That was a lie from day one,

I said falsely charging people: Jody L. Williams of Las Vegas should be considered. Her case is sealed why? 2007 she was in Las Vegas when Operation Dollhouse netted Carlos G. Bolanos at a single family home which had Human Trafficked Sex Slaves including a minor.

San Mateo County District Attorney’s Office Not charging people: Chinedu V. Okobi Murdered by 5 SMCSO Deputies October 3, 2018.

November 7, 2018 one day after the election Retention Policy par. J

This has felt like one of those runaway train movies. Simply to find out Who put this on the County’s Website, Why was it put on and more importantly How to stop/pause it.

Email messages in a// default folders of a user’s mailbox will be automatically deleted after ninety (90) days. Automatically deleted emails will be accessible in emergency situations for a period of thirty (30) days after they are deleted from the user’s mailbox.

J. E-mail Retention

Email messages are temporary communications and the email system (with the exception of archived email subfolders as set forth below) is not intended to be used as a means of records storage. To the extent that email messages which are generated or received through the County’ s computer systems constitute business records to be retained pursuant to the County’ s (or a department’s) records retention policy, such email messages shall be retained as set forth below. Email messages that do not otherwise serve a business purpose (including, but not limited to, draft communications, administrative communications, etc.) shall be routinely discarded. For that reason, each workforce member who uses the County email system has the same responsibility for their email messages as they do for any document they obtain in the course of their official duties and must decide which communications should be retained for business o legal reasons and which should be discarded. If a workforce member has any questions regarding if an email should be retained as a business record, he or she should seek guidance from his/her supervisor and/or department head who may consult with legal counsel as necessary.

Email messages in a// default folders of a user’s mailbox will be automatically deleted after ninety (90) days. Automatically deleted emails will be accessible in emergency situations for a period of thirty (30) days after they are deleted from the user’s mailbox.

Email messages that constitute records to be retained for business or legal reasons may be saved in excess of ninety (90) days in any of the following ways: (1) saved in Rich Text Format (RTF) or Portable Document Format (PDF) and then transferred to electronic filing systems or other media for long-term storage in accordance with the department’s regular filing and storage procedures; (2) affirmatively “dragged and dropped” or “cut and pasted” into email subfolders created by the user (the user must select the particular retention period that applies to any created subfolders (i.e. one year, two years, ten years, indefinitely, etc.)); or (3) printed in hard copy and filed or stored as appropriate. Any email subfolders created by the user within Microsoft Exchange will, along with the user’s in- box including any migrated mail, count toward the user’s 100GB mailbox space limitation as outlined in Section E of this policy.

Workforce members should seek guidance from their department heads to determine the specific time requirements applicable to records and electronic correspondence generated, received and/or maintained by their department in accordance with their department’s records retention policy. Workforce members are strongly encouraged to review the email content of subfolders on a regular basis and to delete any content for which retention is not required.

Regardless of countywide or departmental records retention requirements, email and other electronic correspondence pertaining to a threatened or actual legal action must be retained until the litigation is concluded. It is the responsibility of the department involved, or County Counsel, to notify ISO in writing, of the need for the hold on electronic communications.

The use or creation of local personal archive files (such as Outlook.pst files) is strictly prohibited and may not be configured on County equipment.

By Michael G. Stogner

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Mark Simon promoting patience.

I prefer simple math. 286,247 vs. 271,704

Did Measure W win in the 271,704 Ballots? Mr. Simon does not acknowledge he was the genesis  of Measure W. A sales tax producing $85M per year income for 30 years neg. impacting the poorest families.

He forgot this article

marksimon-e1517893488710

Mark says, “First, a lot of people voted in this election. As of 10 p.m. last Friday, the absolute deadline, a total of 271,704 ballots had been received by the county Elections office.

Political Climate with Mark Simon: Why it takes so long to count election ballots

in Featured/Headline/PoliticalClimate by

We’ve become people who stand in front of a microwave oven, muttering, “Hurry up.”

Not an ideal mindset for an electoral process that requires patience.

Patience. What a concept. It comes in handy when you’re waiting in traffic or standing in line at Disneyland or, say, counting ballots.

Such as counting ballots in San Mateo County’s November 6 election, which is taking much longer than some people seem to think it should.

In a world of instant gratification, elections often are neither instant nor gratifying, although often not for the same reasons.

And for the sake of the permanent record, I want to state unequivocally that they should take their time and make sure to count all the ballots, even if it means waiting for the final outcome.

Yes, we’re used to election results on election night, but it’s not like that. Not this time. Not anymore.

COUNTING THE REASONS: There are a number of reasons why the count for this election is taking a while, most of them valid, some of them worthy of further question.

First, a lot of people voted in this election. As of 10 p.m. last Friday, the absolute deadline, a total of 271,704 ballots had been received by the county Elections office.

That’s a voter turnout of nearly 68 percent, higher than the 65 percent projection from Elections officials. That’s more than 20 points higher than the turnout in 2014, the last gubernatorial election. That’s higher than the 65.3 percent turnout in 2010, when 226,000 voters cast ballots.

That’s also more than 20 points higher than the statewide turnout. When all the votes are counted, San Mateo County will be among the highest-turnout counties in the state, and among the top five highest in urban counties.

As of yesterday’s 4:30 p.m. update, Elections staff already had counted 144,000, nearly as many as the total number of votes cast in 2014 – and they still have another 127,000 ballots to count.

In other words, there was a huge turnout. The more ballots, the longer it takes to count them.

We are used to knowing the results right away. And why not? The run-up to the election took months of ads and mail pieces and all kinds of conversations. Why should we have to wait to know what happened?

And the answer is that this isn’t sports – we don’t always know the outcome the instant the clock runs out. To quote Yogi Berra, “It ain’t over till it’s over.”

And there’s another reason – it’s not just a huge turnout, but many of the local races are close.

Back in the days of all-machine voting, under the most normal of circumstances, some of these races were so close that we didn’t know the outcome until the end of November.

And these are hardly the most normal of circumstances.

AND BY THE WAY, WE DON’T DO THAT ANYMORE: The county has been shifting steadily away from voting by machine to voting by mail, or what used to be called absentee voting.

Then, we switched to this election’s all-mail balloting experiment.

Far from a great leap forward technologically, in reality, we went to a technology that more closely resembles voting in the 19th century, when voters made a mark on a paper ballot and stuffed it in a box.

In other words, we went from voting by machine to voting by hand.

When we voted at our local fire station, we slid our ballot into the machine and it was counted – right there, on the spot. We signed a book and no one checked the signature to make sure we were us. At the end of the evening, someone hit a button and the totals were instantly available.

Now, we vote by hand in our homes, sign and seal the envelope and deliver it, by mail or in person, to the Elections officials and we can mail it on Election Day.

Then, the mail has to be delivered, and someone has to open the envelope, cross-check the signature, and then manually slip the ballot into a machine that counts it.

It’s not quite that laborious – a lot of it is done by machines and scanners. But someone has to do the work we all used to do ourselves when we went to our precinct voting place.

It takes time to do it right.

THE BIG TRADE-OFF: The trade-off is more and better voting.

The evidence is plain, a huge number of voters turned out this year in the June and November elections. By any measure, that’s more voting and the assumption in elections is that more is better. Period.

Better voting comes in the form of a better-informed electorate.

Even with the shortened window of time during which the ballots were available in this election, voters had time to go over the ballot, research the often-confusing measures, find out a little more about the candidates and make deliberate, unhurried decisions.

If the cost is that it takes longer to tally all the ballots, it’s a trade-off worth making.

WE CAN DO BETTER: Still, there are some lingering questions about whether the San Mateo County Elections Department was prepared for the onslaught of ballots.

Interestingly, on the Peninsula TV election night show, Chief Elections Deputy Jim Irizarry brought some slides for his interview and one of them shows staffing levels in the Elections offices of the nine Bay Area counties.

San Mateo County is eighth, ahead only of Solano County.

There has been a lot of turnover in the Elections Department. Let’s be generous and assume it has been due to retirements.

I know from talking to people who have worked in the department that it takes two or three election cycles before a newcomer really has a handle on how it all works.

I don’t know if Elections Chief Mark Church failed to make a pitch to the Board of Supervisors, which includes his predecessor, Warren Slocum, for more funding for the Elections Department.

I don’t know if the Board failed to fund the department sufficiently, either at Church’s request or on its own initiative.

And I don’t care.

Moving forward, the department can do better and it needs to have adequate funds to hire the right number of people and to bring on board people with a level of experience that our elections system demands.

Contact Mark Simon at mark.simon24@yahoo.com.

Photo courtesy of San Mateo County Elections Division

*The opinions expressed in this column are the author’s own and do not necessarily reflect the views of Climate Online.

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D.A. Steve Wagstaffe never apologized to Sheriff Deputy Juan P. Lopez. Prosecutorial Misconduct.

Steve-Wagstaffe

D.A. Stephen M. Wagstaffe

He did apologize to SFGATE editor. In a Zain Jaffer Misinformation PR piece.

pastedGraphic.pdf pastedGraphic_1.pdf 

From: Bulwa, Demian [DBulwa@sfchronicle.com] Sent: Thursday, July 19, 2018 2:44 PM
To: Steve Wagstaffe
CC: Koehn, Josh; Stone, Erin 

Subject: Jaffer story
Hi Steve, I hope you’re well.
We’ve added a note of clarification at the top of that story online. https://www.sfchronicle.com/crime/article/Child-sex-assault-charges-dropped-against-former-13045284.php Thank you,
Demian 

Demian Bulwa 

METRO EDITOR
Office 415.777.7228 • Cell 415-298-6619 TWITTER: @demianbulwa
WRITING: demianbulwa.blogspot.com 

pastedGraphic_2.pdf pastedGraphic_3.pdf 

From: Steve Wagstaffe
Sent: Thursday, July 19, 2018 3:02 PM To: Bulwa, Demian
Subject: RE: Jaffer story 

Hi Demian, 

Thank you very much. I apologize that we made the mistake we did and I appreciate your clarifying it for us. 

Life is great here in San Mateo County; I hope it is going equally for you. 

Thanks Steve 

No Reporters have asked Deputy Lopez how he felt about that.

Case dismissed against former deputy

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Juan P. Lopez

Juan Lopez

The case against a former San Mateo County sheriff’s deputy being charged for allegedly helping to smuggle cellphones and prescription drugs into county jail was dismissed Friday after a judge ruled evidence that could have showed he did not commit the crime should have been presented to a criminal grand jury.

But District Attorney Steve Wagstaffe said Judge Donald Ayoob is imposing a burden on the prosecution that the law does not require. He said prosecutors informed grand jury members of letters an inmate wrote recanting his testimony connecting Juan Pablo Lopez, 54, with a cellphone involved in the case, and were not required to present them unless the jury asked to see them. He disagreed with Judge Donald Ayoob’s ruling that prosecutors had a duty to present the letters, and said prosecutors may consider refiling the case or appealing the decision.

“We feel the judge made a very serious error in his ruling,” he said. “We will assess it the coming days.”

 

On Dec. 16, 2015, Lopez and two county jail correctional officers, George Ismael and Michael Del Carlo, were accused of providing cellphones and drugs to inmate Dionicio Rafael Lopez Jr., who was also indicted along with Leticia Lopez, Amanda Lopez and Roxanne Ingebretsen, according to prosecutors.

On Nov. 17, the case against Del Carlo was dismissed after Ayoob granted his motion to dismiss over strenuous prosecution objection, according to prosecutors.

Once a write-in candidate for county sheriff, Lopez is also being accused of embezzlement, perjury and election fraud based on allegations he used donations from his campaign for his own personal use and lied about his city of residence, according to prosecutors.

Lopez listed his residence as being in Redwood City but allegedly was living in Newark when he filed to run for sheriff in 2014. He is also being accused of misrepresenting his address on a real estate loan, according to prosecutors.

Lopez will next appear in court Jan. 25 to set a new jury trial date for the embezzlement, perjury and election fraud charges and is out of custody on a $170,000 bail bond, according to prosecutors.

(650) 344-5200 ext. 102

(12) comments

MJD
MJD

Anna Schuessler Daily Journal staff has this statement wrong–Lopez will next appear in court Jan. 25 to set a new jury trial date for the embezzlement, perjury and election fraud charges and is out of custody on a $170,000 bail bond, according to prosecutors.
Jan. 25, 2018 is to hear the motion for 2nd case remaining charges.
SM Daily Journal , please contact his attorney for clarification.

MJD
MJD

To correct the San Mateo Daily Journal, former Deputy Juan Pablo Lopez next court hearing is January 25, 2018. I am requesting the newspaper to contact his attorney about this date.

MJD
MJD

Let’s see if the local media covers Mr. Juan Pablo Lopez ( Former SMC Deputy ) on his next hearings.

MJD
MJD

I hope the local and national media will follow the rest of this case, I am sure the rest of the phony charges will be dropped.

MJD
MJD

When will the San Mateo County public/voters going to wake up?
San Mateo County District Attorney’s office is trying to destroy former Deputy Sheriff Juan Lopez.
I hope someone will get this to the national media.
I can only imagine how much money this is causing former Deputy Juan Lopez.
PLEASE HELP GET THIS OUT TO EVERYONE!!!

Grinstead
Grinstead

Let me get this straight. Wagstaffe’s little pal Sheriff Munks and Under-sheriff Carlos Bolanos are caught going into a house of underaged trafficked prostitution in Las Vegas in 2007, for their own recreation. Wagstaffe defends them to the hilt and says they did nothing wrong. He sweeps it under the rug.

But when a clean deputy decides to run against the corruption of the San Mateo Sheriff, Wagstaffe and Munks punish him by cooking up suspect charges that don’t hold up light when examined AND hold a big press conference to announce it? Lopez wasn’t the one caught going into a place with underaged trafficked girls. The fact that someone dared to challenge the corrupt sheriff angered Wagstaffe and Munks. Something is rotten in San Mateo County

MJD
MJD

Great statements!!!!

Jpineapple
Jpineapple

research about Mr. Lopez and San Mateo the last 3 years is quite a story.

Jpineapple
Jpineapple

if the con wrote a letter exonerating Lopez,why was it a case for 3 years?

Michael Stogner
Michael Stogner

The District Attorney’s Office withheld the letters from the Grand Jury, and offered a not so truthful representation of what the Jailhouse snitch actually said. To this day there has been ZERO evidence that Sheriff Deputy Juan P. Lopez was connected to the cellphone/s and drugs, and the DA’s Office has always known that fact. Disgusting behavior.

Michael Stogner
Michael Stogner

It’s about time, After over 3 years of the District Attorney’s lies and false charges against Former Sheriff Deputy Juan P. Lopez and others a Judge finally got to see what the DA’s office has done. It shouldn’t take over 3 years to present your side of a case. This dismissal makes 4 for 4 defendants charges dismissed.

MJD
MJD

San Mateo County D.A.’s office has a long list of cases of injustice, for the people who know, lies are not too uncommon.

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Sheriff Carlos G. Bolanos’s Leadership Release the Videos Now.

San Mateo County Resident’s and all elected leaders have been warned since April 21, 2007 about Carlos G. Bolanos’s corrupt morals. Of course Chinedu Okobi was murdered in broad daylight, notice the outrage of the residents of San Mateo County. The false PR statements to the Advertising Businesses aka Newspapers.

San Mateo County Sheriff’s Office is not investigating this “In Custody Death.” What a surprise, This should be investigated by the Attorney General’s Office. Carlos G. Bolanos is counting on his best friend and supporter Steve Wagstaffe to find no criminal act by the SMC Sheriff Deputies who were back to work in no time simply transferred to Transportation duties.

Yanira Serrano Garcia was shot and killed within 20 seconds of a SMC Sheriff Deputy getting out of his patrol car. Steve Wagstaffe and John Warren cleared him of any criminal actions. That was a mental heath no emergency 911 call. Again SMC residents are fine with that.

** Here’s how you can help: Call DA Wagstaffe to demand justice for Chinedu Okobi: (650) 363-4636. Office hours are M-F 8:00 a.m. to 6:00 pm PT**

Two days ago, I watched the police videos of my brother’s October 3 murder. They were shocking, not just because I sat next to my mother as we watched my little brother getting tortured to death in broad daylight while he begged “Someone, please help me!” and cried out “What did I do?”. They were shocking because they contradicted, in every single particular, the statement that the San Mateo County Sheriff’s Officereleased and to which San Mateo District Attorney Steve Wagstaffe referred in multiple news outlets after my brother’s murder. They were shocking because the District Attorney, his investigators and the San Mateo Sheriff’s Office have had access to these videos for weeks and have done nothing whatsoever to hold Sergeant David Weidner and Deputies John DeMartini, Alyssa Lorenzatti, Joshua Wang and Bryan Watt accountable. They were shocking because District Attorney Wagstaffe has allowed statements that he knows to be false to remain in the public record. They were shocking because my brother’s mental illness had absolutely nothing whatsoever to do with his killing.

The video of my brother’s murder starts out with a dash cam view of my brother, walking calmly down the sidewalk, carrying bags. It’s notable, because the view shows other people walking-it’s broad daylight, so there is nothing particularly interesting or sinister about a man walking down the street, holding bags, heading somewhere. He is dressed normally, and doesn’t look disheveled or as if he’s in crisis.

The deputy driving the car says something like who is this guy, and then speeds up to get alongside my brother.

Lie #1: According to the San Mateo County Sheriff’s office and District Attorney Wagstaffe’s statements, my brother was “running in and out of traffic”. My brother was not walking in and out of traffic when the deputy noticed him. He was walking on the sidewalk, as people do.

Based upon the audio of the first deputy who made contact with my brother, that deputy was also not responding to any calls about anyone “running in and out of traffic”, so there was no basis to stop my brother other than what that deputy saw. The video shows the deputy was driving down the street, noticed my brother walking down the sidewalk from about a block away, and decided to stop him.

When the deputy pulls up alongside my brother, he shouts at him and asks him what he’s doing, tells him he needs to question him. My brother quietly answers (it’s inaudible), and then walks to the intersection, looks out for traffic, and crosses the street.

At that point, the deputy calls in a Code 3. A Code 3 means “Emergency, send back-up.”.

Lie #2: At no point was the deputy in danger, there was nothing about a man crossing the street at an intersection that was an emergency. He was in a car, and my brother had crossed the street away from him. The deputy, within 2 minutes of having seen my brother, has dramatically escalated a situation that didn’t need to even be a situation and has then lied about being in danger and there being an emergency, which he knows will result in other deputies coming in hot.

The next cut of the video shows my brother, as he has crossed to the other side of the street. The first deputy speeds across the street to cut him off, another police car speeds up in front of my brother. Deputy Alyssa Lorenzatti charges out of the car. At this point, my brother drops his bags and puts his arms up in the air. Deputy Lorenzatti rushes into him, he twists to the side and moves his hand up to avoid being hit or to avoid inadvertently hitting her.

They grab him, rip off his jacket. He tries to run, asking, “What’s wrong? What did I do?” That’s when Deputy Joshua Wang tased him. My brother falls in the street, on his back, crying. He has the presence of mind to keep his hands in the air, even as Deputy Wang holds the taser and continuously sends volts of electricity through his prone body. He is not fighting, just crying in pain. I will never forget the visual of his hands, waving above his head, open, begging. He begs them to take the taser prongs off of him. He tries to pull them off himself.

Lie #3: My brother never attacked any of the deputies. He did not assault anyone. My baby brother, as big as he was, didn’t even defend himself.

The deputies keep shouting at him to turn over on his stomach. They electrocute him again. He screams. At no point does anyone tell him why he was stopped, what they think he has done, whether or not he is under arrest. When there is a break in the torture, my brother staggers to his knees, tries to run away. A deputy pulls out his baton, strikes, they tase him again. My brother goes down. At some point, my brother tries to run across the street, they chase him, they tase him, they pepper spray him, they jump on top of him while he is prone. There is audio of Sergeant Weidner saying “Stay on top of him, stay on top of him, stay on top of him.” Someone asks if my brother is still breathing. Sergeant Weidner keeps cheering them on, telling them to stay on him until they have crushed the life out of him. Someone shouts “I see blood!” Then it’s over.

My brother has clearly died, right there on the sidewalk, in broad daylight. One of the deputies immediately declares it a crime scene. A deputy asks another, solicitously, if he wants water. Killing my brother is thirsty work, apparently. What not a single one of those deputies does is give my brother CPR. None of them tries to help him. They express no shock or remorse at the fact of his death. It’s all very casual. They prop his body upright, like an over-full trash bag. His head hangs forward, airways occluded. No one follows even the most basic life-saving procedures. There is no mercy or compassion for my little brother. If they had killed a dog the way they killed my brother, there would be outrage.

Lie #4: My brother died on the scene, not on the way to the hospital, not at the hospital. They didn’t even pretend to try to revive him.

The dash cam audio captures the ham-handed development of their narrative. If it were a movie with a happy ending, it would be funny, it’s so hapless. Someone says something about my brother having a lot of drugs in him. Someone adds that all of the drugs are why my brother fought them so hard. Meanwhile, the only thing my brother was fighting was death. And those deputies made sure that he lost.

Now that I have seen the video, I am so angry. It was always wrong, it was always a tragedy, but now, knowing that there wasn’t even the pretense of police stopping him “for his own safety”, seeing the way they tortured him to death for simply walking down the sidewalk-this is a crime.

These deputies have been trained in the use of tasers (and if they have not, then it is criminally negligent that they were allowed to use lethal weapons without training) and they used them repeatedly on my brother, then held him down until he died, then failed to offer any medical assistance. They knew that their actions were likely to result in my brother’s death. And they did it anyway.

I am angry at myself for believing any of the lie put out by the San Mateo County Sheriff’s Office. I knew that my brother didn’t “attack” or “assault” deputies, but because of his mental illness, I believed it was possible that he might have been in crisis and acting erratically. None of that would have justified him being killed, but there isn’t even a reason, at all, that my brother was stopped. My brother’s medical history has nothing at all to do with why he was stopped and killed.

I am angry at myself for believing that District Attorney Wagstaffe was acting as an impartial defender of the public. He had access to this evidence, yet he released a statement that he knew or should have known to be false. If he had not seen any video, he knew it existed, and he should have seen it before releasing a statement that he claimed was factual. If he made the statement in error, it is an egregious, unconscionable error with material impact on due process, and one that an elected servant of the people with his 40+ years of experience in office should not ever make.

My brother deserves the same consideration and commitment to justice from District Attorney Wagstaffe that any homicide victim would receive. The fact that the perpetrators were sworn to protect and serve means that they should be held to an even higher standard, that they have violated the public trust. District Attorney Wagstaffe and the San Mateo County Sheriff’s Department should be eager to demonstrate that the actions of Sergeant David Weidner and Deputies John DeMartini, Alyssa Lorenzatti, Joshua Wang and Bryan Watt do not reflect the standards of San Mateo County or of the San Mateo County Sheriff’s force, by disavowing them unequivocally.

Our family and our community demand justice. Citizens, especially those who are unarmed and who have committed no crime, should not be tortured to death with impunity by those sworn to protect and serve.

–We call on District Attorney Wagstaffe to release the videos that we were shown to my family to the public, exactly as they were shown to us-it has been 45 days since my brother was killed, and Assembly Bill 748 requires that they be released to the public within 45 days.

–We call on District Attorney Wagstaffe to release recordings of any calls made to 911 prior to any deputy contact with my brother, per earlier statements that the sheriffs were responding to him walking in and out of traffic. If they do not exist, we call on the San Mateo County Sheriff’s Office and District Attorney Wagstaffe to inform the public and to retract the earlier false statements.

–We call on District Attorney Wagstaffe to update the public on the status of the investigation, and justify the wait for a charging decision.

–We call on District Attorney Wagstaffe and the San Mateo County Sheriff’s Office to remove the appearance of collusion and retract the false statement that was made on October 3, claiming that my brother “immediately assaulted” the deputy, as it has been shown to be false by the police’s own evidence.

–We call on District Attorney Wagstaffe to investigate the deputies’ previous records-of the five deputies, four were transfers to San Mateo County, and the other has not been on the force up to a year. Transfers are correlated with a higher percentage of police misconduct.

–We call on District Attorney Wagstaffe to inform the public of any police misconduct records for any of the five deputies, per Senate Bill 1421. The public deserves to know whether Sergeant David Weidner or Deputies John DeMartini, Alyssa Lorenzatti, Joshua Wang or Bryan Watt had any previous incidents that precipitated their transfers, and which should have been taken into consideration before they were given free reign to kill citizens in San Mateo County.

–We call on the San Mateo County Sheriff’s Department to inform the public about taser use policies. San Mateo County Sheriff’s taser policies state:
1. Tasers are not to be used if/when officers also utilize restraint techniques that will impair respiration.
2. Tasers are not to be used on a fleeing subject, when there are no factors justifying deployment other than the subject is fleeing
3. Tasers may be used to “overcome active resistance from dangerous, violent, or potentially violent subjects who are lawfully arrested or subject to lawful arrest, or who demonstrate intent to cause immediate harm to individuals other than themselves.”

The video demonstrates a violation of every single one of these policies.

–We call for the immediate sanction of Sergeant David Weidner and Deputies John DeMartini, Alyssa Lorenzatti, Joshua Wang and Bryan Watt to demonstrate that San Mateo County will not tolerate the misuse of tasers by law enforcement. This is the third such death in San Mateo County in only ten months, and District Attorney Wagstaffe cannot continue to give law enforcement a license to kill unarmed citizens.

–We call for the immediate release of the taser records, which will allow us to know how many times my brother was electrocuted, by whom, and for how long.

–We call on San Mateo County to issue an immediate moratorium on the use of tasers, given that my brother was the third unarmed person in 10 months that law enforcement has electrocuted to death in San Mateo County.

–We call on the San Mateo County Board of Supervisors to refuse to approve any budget requests for the purchase of tasers until it conducts a public/expert review process, beginning in December of this year on the impact of tasers, and institutes an independent review body to determine whether tasers should be carried by law enforcement in San Mateo County at all.

–We call for the creation of a permanent independent police review body, as there are in San Francisco and San Jose counties, to investigate officer-involved killings and use of force. Independence builds trust that the process is fair and unbiased, a trust that this investigation has stolen from my family.

No mother should ever have to watch her child get tortured to death, and especially not by people whose duty is to protect and serve. And no District Attorney, elected by the people to uphold the law and seek justice on behalf of the people, should sanction the extra-judicial torture and killing of unarmed citizens who have committed no crime.

 

CNN Coverage

USA Today article

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Measure W Failing. Great news for the taxpayers of San Mateo County.

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Update 11/9/2018 Without knowing how many ballots were mailed it is impossible to have confidence in this election. As of 9:00AM there are at least 146, 378 ballots to be tallied.

The elections office has just posted it’s official update at 4:30PM today. Mark Church is still refusing to say how many ballots were mailed out. He is only saying that he has received 215,480 and counted/tallied only 111,637 that leaves 103,843 ballots remaining to be tallied.

Total Yes Votes 69,132 = 65.65%

Total No Votes 36,173 = 34.35%

The Yes on Measure W Campaign with total reported funding of $1,500,000 of that $650,000 of Taxpayer money used against the Taxpayers.

The No on Measure W Campaign with a reported total funding of $5,700

Thank You to Jack Hickey for warning the public.

More than $1,500,000 of taxpayer money was spent on a campaign run by TBWB Strategies. See: http://www.tbwb.com/approach. The campaign phase of their strategy was step 4 in their strategy. This is “electioneering” and should be a felony misappropriation of public money.

Vote NO on “W”

 

The Elections Office should be Audited.

SMC Grand Jury 2012 warned the residents about the elected officials misleading the voters.

 

By Michael G. Stogner

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Filed under #SanMateo, #SanMateoCountyNews, Adrienne Tissier, Angela Hernandez, Attorney Generals Office, Board of Supervisors, Carole Groom, Chief Deputy District Attorney Al Serrato, Dave Canepa, Dave Pine, David Burruto, David Silberman, Don Horsley, electioneering, Felony misappropriation of public money., Grand Jury, Hanson Bridgett LLP, Jim Hartnett, John Beiers, John Maltbie, Locol Control, Mark Church, Mark Olbert, Mark Simon, Michael G. Stogner, Michelle Durand, Mike Callagy, Organized Crime, RICO, SamTrans, San Mateo County District Attorney Office, San Mateo County Grand Jury, San Mateo County Supervisors, Senator Jerry Hill, Silicon Valley, SMC, Steve Wagstaffe, Tax Payer's Advocate, TBWB, Those Who Matter, Vicky Nguyen Journalist/Reporter, Victim's Advocate, Warren Slocum, Will Holsinger