Category Archives: Citizens Access TV

District Attorney Steve Wagstaffe’s findings, in Ramsey Saad Redwood City police use of force death, questioned.

Wait for it….. wait for it!  There it is, District Attorney Steve Wagstaffe’s pass for the Redwood City police officers responsible for the August 2018 death of 55 year old Ramsey Saad, the 2nd of three such deaths, under similar circumstances, at the hands of San Mateo County officers, this year.

Wagstaffe

Slight of hand

In an apparent slight of hand, Wagstaffe released his decision not to charge the officers involved, by way of a proxy, Redwood City Police Chief Dan Mulholland -with his (Wagstaffe) providing a six-page letter stating no charges would be filled, and Mulholland, in-turn, conveniently passing it on to the press.

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Redwood City Police Chief Mulholland

Chief Mulholland

This letter was given to Mulholland, on the eve of the November 2018 election, immediately before the weekend. Undoubtedly cognizant of press cycles, Wagstaffe had timed the disclosure, to limit media exposure and public attention.

Wagstaffe’s findings can not be relied upon

Wagstaffe’s decision was never in doubt, it was foregone, and only a matter of timing its announcement. The disclosure was artful and designed to provide the appearance of a thoughtful measured process. Bravo, Steve!

Results predictable

The results of Wagstaffe’s review were predictable, could be foreseen, and will most certainly be repeated. From district attorney to the district’s chief enabler, covering for institutional, organizational, and executive misconduct / corruption. Defending the indefensible, the district attorney’s office is clearly open for business, for the politically connected.

No checks & balances

Steve projects confidence, obviously believing he can sell snake oil to anyone or, another analogy, sell ice to eskimos. And he has a right to this belief, to a certain degree, for he has no credible adversaries, no persons to keep him in check. The County has a private defenders program, versus a public defenders office-the only one in the state (of 58 counties).

The significance is the private defenders program, historically, assigns cases through a panel to obedient attorney’s, ones who sell / market pleas to defendants, rarely file opposition motions or take cases to trial, and routinely, with regularity, funnel clients to state prison, county jail, and probation. Just look at the District Attorney’s conviction rate (win-loss record), it’s to die for -is the envy of other bay area counties.

This relationship between prosecution and defense has also dulled the senses and oversight of the County’s judiciary, with judges not being challenged (by the defense, the private defender’s program) to make significant calls on the law.

The relationship between Wagstaffe and county law enforcement executives is mutually beneficial and self serving, he covers for them and, in turn, they return the favor, with their political support & acquiescence.

When officers and public officials who matter commit crimes such as domestic violence, unnecessary and excessive use of force, sex crimes, etc., the results are often managed by county law enforcement executives, with the complicity and aid of Mr. Wagstaffe, resulting in distinctly different outcomes from the general public.

Use of force resulting in death foreseen

In the instant case, officers allegedly responded to a disturbance call involving Saad, a person with known mental health issues. Rather than collaborate with his supervisor and peers and come up with a strategy to address the situation and reduce the possibility of violence / injury, Officer Poveda drove directly to the scene, contacted Saad, and became involved in a physical confrontation with him. Poveda tased Saad, twice, and shocked him multiple times. Officer Poveda, according to Wagstaffe, was eventually able to handcuff Saad and thereupon joined by three other officers (the Calvary).

According to Wagstaffe, Saad [while handcuffed] continued to struggle with the officers who had come to Poveda’s aid. Eventually one officer placed a knee [on Saad’ s back] between his shoulder blades, while the two other officers present controlled his mid-body and legs, according to Wagstaffe.

Saad died and a medical examiner from the San Mateo County coroner’s office determined the cause of death to have been “a cardiac arrest occurring during physical exertion, physical restraint and tasering”, this according to Wagstaffe’s letter.

Wagstaffe anecdotally included Saad’s height and weight, in his letter, apparently to portray him as menacing. Yet he did not include the heights and weights of the four trained Redwood City Police officers who were involved.

In tasing a person multiple times, physically struggling with him, and finally placing a knee on his back, as he lay handcuffed facedown, restricting the movement of his chest, torso and legs, is it possible his breathing had been severely diminished, causing him to die from asphyxia? Just asking, Steve.

Did you present this information to the medical examiner who conducted Saad’s autopsy, Steve? Just asking. And how much did the officer placing a knee and on Saad’s back weigh? Again, just asking.

Aren’t officers specifically trained not to lay a large handcuffed prisoner on his/her stomach, Steve? Could such acts go towards an officer’s intent, Steve? Just asking.

DA Wagstaffe as an enabler

Under the circumstances, couldn’t Saad’s death have been foreseen, Steve?

It appears, I can confidently predict what your conclusion will be, in these situations, why can’t you foresee that your actions or rather lack of action is ensuring such events will continue to occur, in San Mateo County, with, I might add, some regularity, unabated?

I submit, by continuing to give officers a pass, in such instances, DA Wagstaffe is an enabler, significantly contributing to both the cause and tragic outcome of such events.

Not an honest broker

District Attorney Steve Wagstaffe holds the public’s trust, he is supposed to be independent and an honest broker, one the public can count on to speak truth to power. Three officer use of force deaths, this year, alone, and counting, ALL involving persons of color, individuals with known mental health problems, multiple applications of a taser, and forceful positional restraint!

Come on, Steve, there’s a problem with the use of force by officers, in San Mateo County! They’re killing persons with regularity, Steve! It’s not a product liability problem, you can’t keep covering up for that which is so obvious.

Call for transparency & full disclosure

In order to establish the truth and garner public trust, I would ask DA Wagstaffe to provide a complete copy of his office’s investigative report into Saad’s death, the autopsy report, the death certificate, the computer aided dispatch (CAD) printout for the event, the involved recorded 9-1-1 call(s) involved, and the recorded Redwood City Police radio communications involved in the event.

It is believed the public’s interest, in this matter, far outweighs that of the decedent, the San Mateo County District Attorney, the Redwood City Police Department, and the San Mateo County Coroners Office. The fact that this is one of three such use of force deaths, in the county, this year, involving persons of color who suffered mental heath issues make such disclosures even more important, if the district attorney wishes to establish transparency and the public’s trust.

By Michael G. Stogner

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Redwood City Council refuses to respond.

redwoodcity
Michael Stogner <michaelgstogner@yahoo.com>
To:dhoward@redwoodcity.org,Ian Bain,jgee@redwoodcity.org,smasur@redwoodcity.org,jseybert@redwoodcity.organd 2 more…
Nov 14 at 8:37 AM
Good morning Redwood City Elected officials,
I had hoped I would have heard from one of you by now 6 months after writing this story about San Mateo County Sheriff Lt. K. Bell and the Redwood City Police Department ignoring the DV Protocol, after receiving a 9-1-1 DV call. Not Attested and Gun was not removed. A young child was present.
You will notice I was the only reporter to cover the Lt. Bell story.
James McGee 17.5 hour standoff Domestic Violence call. Favorable treatment again by your Police Department.

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San Mateo County’s Measure W Fails.

 

samtrans-1-1533683163-3178

Based on the information from San Mateo County Election Office there was a total of 286,210 ballots received, of that amount 265,793 ballots tallied a total 249,288 voted either yes or no for Measure W. That also means that 16,605 votes were not tallied or didn’t vote either way for Measure W. = 6.24% of the 265,793.

With a total of 20,417 remaining ballots to be tallied, minus the 6,24% No tally or vote for Measure W average leaves 19,149 votes to be tallied. The Yes on Measure W would have to get 68.7% of the remaining ballots “and they are statistically unlikely to meet the necessary threshold”.

With that information We are calling Measure W Failed.

Total Registered Voters 399,591, 286,210 Voted = 72% Turnout

 

San Mateo County Elections Office should display:

Registered Voters                                                             399,591         100.0%

Total Ballots Received (turn out)                                  286,210           72.0%

               Vote by Mail                                                       260,000           65.1%

               Vote Center                                                           26,210             6.7%

Total Ballots Counted                                                       265,793          53.3%

Ballots received, damaged or challenged                       #####           ##.#%

Ballots received but not counted                                     20,417             5.1%

Credit Thomas Weissmiller

By Michael G. Stogner

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Mark Church, San Mateo County Elections does it again.

Mark-Church

Today November 21, 2018 The elections office shows a new and larger number of mail ballots that were received by 9:00PM November 9, 2018. The new number is 260,000 the previous number was 258,015. That is a 1985 ballot difference.

According to those numbers a total of 286,210 ballots have been received. When you add the 260,000 plus the 26,210 on Election Day . He is reporting that 247,256 ballots have been tallied that leaves 38,966 to be tallied.

The San Mateo Daily Journal which has a readership of 84,000 people per day has reported 12,744 ballots to be counted/tallied. Simply not true or accurate.

Measure W which has been failing consistently so far is now inching closer to pass.

Mark Church should be counting the ballots instead he takes time to write a public relations piece in the SMDJ.

Time for Audit

Mark Church’s PR letter

San Mateo Daily Journal 12,744

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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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LACSO Deputy Neil Kimball arrested, Rape by force, Dissuading a victim from testifying. Victim was 14 years old. Bail $2,000,000.

In San Mateo County a 29 year old man named Matthew Graves was sentenced to 4 years in Prison for making a phone call violating a restraining order. San Mateo County’s Historical Human Trafficking conviction.

Deputy accused of girl’s sexual assault
A detective in the L.A. County sheriff’s special victims unit is held on suspicion of raping a 14-year-old.
By Richard Winton and Maya Lau
A Los Angeles County sheriff’s deputy assigned to handle sensitive sex abuse crimes, often involving vulnerable minors, has been arrested on suspicion of raping a 14-year-old girl in a case he was investigating.
Neil Kimball was taken into custody Friday evening after a monthlong inquiry into the allegations by the sheriff’s criminal internal investigation bureau. He was booked on suspicion of rape by force and preventing or dissuading a victim from testifying.
The 45-year-old investigator with the special victims unit met the girl during the “scope of his work,” a department spokeswoman said Monday.
Kimball, a 20-year department veteran, has investigated dozens of child molestation cases in Los Angeles County as a member of the elite specialized unit since 2013.
“The investigation and arrest resulted from information provided to the department by a member of the public,” the Sheriff’s Department said in a statement. It did not announce the arrest Friday and provided the statement after an inquiry by The Times.
Kimball was investigated previously, after a woman told the Sheriff’s Department in February 2009 that Kimball had grabbed her hand several months earlier and tried to make her touch his genitals, according to a memo from the Los Angeles County district attorney’s office. Prosecutors ultimately declined to charge Kimball in the case.
Addressing questions about why Kimball was selected to join the Special Victims Bureau despite the 2009 investigation, the department said in a statement: “The prior allegations involving Det. Kimball were presented to the Los Angeles County district attorney’s office and criminal charges were declined due to insufficient evidence. The department will conduct a review of the internal process related to Det. Kimball’s assignment at Special Victims Bureau.”
The statement also said that a review of Kimball’s prior cases is underway to ensure that there are no additional victims.
Officials said the department has not reached out to prosecutors because there are no pending cases or allegations.
News of the arrest sent a tremor through the ranks of sex crime investigators, who are normally thoroughly vetted before receiving such assignments.
Dan Scott, a retired Sheriff’s Department sergeant in the special victims unit who has investigated hundreds of child sex abuse cases, said of Friday’s arrest: “This is a shock. The unit has never had something like this happen.”
The alleged attack occurred in November 2017 in Ventura County, said Ventura County Chief Assistant Dist. Atty. Michael Schwartz, whose office has been involved in the case for the last month. L.A. County sheriff’s internal criminal affairs investigators reached out to the Ventura County office for assistance, officials said.
Kimball was relieved of duty with pay and was booked at the Los Angeles County Inmate Reception Center shortly after 11 p.m. Friday. His bail is set at $2 million.
Kimball has been away from the unit since August at a medical facility, Sheriff’s Department spokeswoman Nicole Nishida said. Kimball was at the facility when the allegation was reported Oct. 10.
A colleague at the special victims unit who took over some of his criminal investigations and contacted some of those involved learned of the accusation against Kimball, Nishida said.
“The internal criminal investigation bureau aggressively investigated the case and got a removal order for him from the facility on Friday and that is when he was arrested,” Nishida said.
Citing confidentiality laws, Nishida said she could not provide details of the type of medical facility.
Efforts to reach a representative for Kimball were unsuccessful.
Ron Hernandez, president of the Assn. for Los Angeles Deputy Sheriffs, said his group had not been contacted by Kimball for representation.
“Any time I hear allegations of law enforcement crossing the line of their authority and trust it’s appalling, but I try to reserve my judgment until I know more details,” Hernandez said.
In the 2009 allegation, a woman and her friends were stopped by Kimball and another deputy in the parking lot of a hotel where the group was staying in August 2008, according to the memo by Deputy Dist. Atty. Deborah Escobar.
While the group of friends was being questioned by Kimball, some of the women in the group asked to use the bathroom in their hotel room, and Kimball allowed it. The deputy followed them to their room, near where the woman who later complained started filling up a Jacuzzi, according to the memo.
The woman said Kimball told her and her female friends to get into the hot tub, and some of them complied, wearing their underwear, as Kimball flirted with them, the memo said.
When Kimball used the bathroom in the group’s hotel room, the complainant went to check on him, and found the deputy exposing himself, according to the memo by Escobar. The woman said Kimball took her hand and placed it on his genitals and grabbed her buttocks, but she pulled away.
Prosecutors declined to file a charge of sexual battery against Kimball, finding no corroborating evidence of the woman’s complaint.
The witnesses in the hotel gave contradictory statements and the complainant failed to cooperate with investigators, Escobar wrote.
Scott said any previous allegations of sexual misconduct would normally exclude a person from the special victims unit.
“An investigation like this requires [that] you interview all the prior victims he came into contact with during his time there,” said Scott, who has served as a consultant on federal and county child abuse commissions. “You have to be very careful with the vetting for this unit because they come into contact with vulnerable victims.”
richard.winton@latimes.com
Twitter: @lacrimes
maya.lau@latimes.com
Twitter: @mayalau
Times staff writer Matt Hamilton contributed to this report.

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One San Mateo County Elected Official asking the obvious question. Was Chinedu Oboki Murdered by Sheriff Deputies?

This question should have been asked by every elected official that has Police Services provided by Sheriff Carlos G. Bolanos. They should all have to listen and watch the videos of the murder like Chinedu’s family members just did. What is wrong with the rest of you elected officials in San Mateo County. Thank You Sabrina Brennan

131678-square-200-@2x

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