Category Archives: Citizens Oversight Committee

San Mateo County Snake Oil, Cures All That Ails You. Come Get Some!

 

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For over a year there was a pattern of police use of force deaths, in San Mateo County. This pattern culminated, in the October 3, 2018 Millbrae death of 36 year old pedestrian Chinedu Okobi.

Despite what would appear to any reasonably objective observer, an escalating body count, Mr Wagstaffe, as District Attorney, did nothing to address / curb the situation. And now, his administration is seemingly poised to render a decision blaming Okobi’s death, on something other than the unnecessary & excessive use of force by officers. This is a familiar pattern with DA Steve Wagstaffe, with his having blamed previous deaths on the decedents -their respective acts & medical conditions.

Most recently, he went on television saying he was not going to speculate on the Okobi case, that he had to get all the facts, before rendering a decision on the matter. Yet, instead of keeping his word, he went on camera and questioned the product liability aspect of Tasers, a device repeatedly used by officers, in their confrontation of Okobi .

Mr. Wagstaffe ignored a year long prologue of police use of force deaths, in his very jurisdiction. And then he told us he was not going to release videos, in his possession, ones which depict exactly what had happened, in the most recent death, that of Mr. Okobi.

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Chinedu Valentine Okobi

Just as his office had excluded two African American’s from serving on the jury in the Tracey Biletnikoff murder case, a matter in which he had been criticized by the appellate court. This was a Murder Conviction reversed because of Wagstaffe’s behavior. “During jury selection, the prosecutor, Stephen Wagstaffe, peremptorily struck the only two African-American members of the jury pool… We hold that a comparative juror analysis, in combination with other facts in the record, demonstrates that the prosecutor’s purported race-neutral reasons for striking at least one of the jurors were pretexts for racial discrimination.”

He now says he is not going to release the videos and audio recordings of Chinedu’s murder to the public, his employers, so that they can see them.

The People do not need an interpreter, to understand what they are seeing for themselves, Mr. Wagstaffe.

Okobi’s mother and sister were shown the videos and audio recordings, and here is what his sister, Ebele, said about them:

It’s readily apparent you are struggling to shoehorn your narrative of what occurred with the facts and, in so doing, you have passed the rubicon of truthfulness, leaving honesty & integrity behind, and entering a sea of deception -familiar territory for yourself, a directed or desired outcome.

The taint and stench you and your cadre have brought to the office of district attorney is palpable and, I submit, can not be removed, without your & their removal.

Felony fraud resulting in the diversion of over 2 million dollars of public monies being characterized by your office as sloppy accounting practices, at San Mateo County Transit, is but one / just one example of DA Wagstaffe’s aversion to the truth. False debits are not errors or sloppy accounting, Steve, they are intentional criminal acts.

Here is the letter from Albert Serrato falsely declaring that no crimes were committed in the SamTrans fraud brought by 3 whistleblowers, who were accountants and risked and lost their own jobs.

The bias you have demonstrated, when it comes to Sheriff Carlos Bolanos and former Sheriff Greg Munks, excusing their abhorrent behavior & giving them a pass, when they were detained by Las Vegas metropolitan police and the FBI, in a human trafficking investigation, one in which they had gone to a home being used as a whorehouse in a rundown residential neighborhood with Asian indentured sex-slaves, at least one of whom was a minor, and a cache (3,500 tablets) of illegal ecstasy drugs, is reprehensible and not in keeping with the public’s trust, Steve.

In that unguarded moment, in what you thought would be a confidential email to the duo, you expressed your support and consoled the two that the matter would soon pass and become yesterday’s news. This provides a rare glimpse into the flawed (real) character & thinking of who is District Attorney Steve Wagstaffe.

Here are those emails, #ThoseWhoMatter:

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The fact that Okobi’s killers are back at work, armed, with unfeathered contact with the public & custodies alike, is testament to the fact DA Wagstaffe has cleared them and communicated this information to Sheriff Bolanos. Yet he is still massaging his findings to the public, delaying what he has obviously determined -that the officers’ use of force resulting in Okobi’s death was justified (reasonable) and that he and his office are going to do nothing about it, giving them a pass.

You are a snake oil salesman, Steve, selling the public adultered versions of the truth and being a shill for morally corrupt county officials. Release the videos, so we can see just how much!

If you as the reader are asking, “How on Earth is Steve Wagstaffe still the District Attorney of San Mateo County.” You are on the right track. The short answer is that you are responsible for him being there. He can only be recalled or voted. He has full immunity for anything he does.

By Michael G. Stogner

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Filed under #Blacklivesmatter, #Humantraffickedsexslaves, #OperationDollhouse, #SanMateoCountyNews, #SMCJUSTICE, 911, Board of Supervisors, Carole Groom, Chinedu Okobi, Chris Hunter, Citizens Oversight Committee, Customers of Human Trafficked Sex Slaves, Dave Canepa, Dave Pine, David Burruto, DDA Al Serato, Deputy Alyssa Lorenzatti, Deputy Bryan Watt, Deputy John DeMartini, Deputy Joshua Wang, Don Horsley, Errol Chang R.I.P., Hanson Bridgett LLP, John Beiers, John Maltbie, Mark Church, Mark Simon, Michael G. Stogner, Michelle Durand, Mike Callagy, NAACP, Organized Crime, Positional Asphyxia, Prosecutorial Misconduct, Ramsey Saad R.I.P., RICO, SamTrans, SamTrans Fraud Investigation, San Mateo County Grand Jury, San Mateo County Sheriff Office, Sergeant David Weidner, Sheriff Carlos G. Bolanos, Sheriff Munks, Silicon Valley, SMC, SMCSO Sgt. Weidner, Steve Miller, Steve Wagstaffe, Tax Payer's Advocate, Those Who Matter, Warren Slocum, Whistleblowers, Yanira Serrano Garcia R.I.P.

Great News, Recalled Judge Aaron Persky is asking for donations.

He received almost $900,000 and he is asking for donations to pay for legal fees he caused. He should have resigned, when the recall was first announced to the public.

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LATIMES December 13, 2018

Recalled judge seeks donations
Aaron Perksy says he could be liable for $135,000 in legal fees after fighting ouster.
SANTA CLARA COUNTY Judge Aaron Persky was voted out of office amid outrage over his sentencing of a former Stanford student convicted of sexual assault. (Jeff Chiu Associated Press)
By Hannah Fry
The first California judge to be recalled in more than 80 years, who was ousted from office amid public outrage over a light jail sentence he handed down in a high-profile sexual assault case, is asking supporters for donations to pay off legal fees by the end of the year.
Former Santa Clara County Superior Court Judge Aaron Persky faced widespread scrutiny that culminated in a successful recall campaign after he sentenced Brock Turner, a former Stanford University student, to six months in jail and three years’ probation for sexually assaulting an unconscious woman in 2015 behind a garbage bin on the Palo Alto campus.
Persky, who was appointed to the bench by Gov. Gray Davis in 2003, unsuccessfully fought the campaign and was booted from office by voters in June.
In a recent email with the subject line “A Final Ask,” Persky implores his supporters to donate money through his campaign committee, Retain Judge Persky, so that he can use the funds to pay $135,000 in court-ordered attorney fees incurred during his legal fight against the recall. The fees are due Dec. 31.
Persky wrote in the email that his campaign committees, which public records show raised more than $700,000, spent all of their resources fighting the recall effort.
“If my campaign committee is unable to raise the money to pay the amount ordered, I will be personally liable for any balance owed,” he wrote.
Persky waged a legal fight against the recall in 2017, arguing in Santa Clara County Superior Court that, because judges are state officers, California’s secretary of state should have overseen the petition drive to qualify the measure for the ballot instead of the county registrar.
The court rejected that argument and, after the recall election, ordered him to pay more than $163,000 in fees to the attorney representing the recall campaign. The parties later reached a settlement to reduce the bill to $135,000.
Persky wrote that he “pursued the litigation so that Superior Court judges would benefit from the same procedural protections as other state officers who face recall elections.”
Attorney James McManis, whose law firm represented Persky for free during his court battle against the recall, said it’s understandable that the former judge is trying to raise money.
McManis was critical of Michele Dauber, a Stanford law professor who is a family friend of the victim and was the public face of the recall campaign, for seeking attorney fees.
“It’s not enough she took his job away and took his pension away and left him out on the street,” McManis said. “She wanted attorneys’ fees too.”
Persky didn’t meet California Public Employees’ Retirement System requirements to receive a pension by the time he left the bench, so he was required to take a lump sum — roughly $892,000 — that he and his employer had put into his pension fund plus interest. It is not clear whether he rolled that money into another fund or cashed it out.
Dauber contends that Persky brought the legal expense on himself when he “made the bad decision to repeatedly file frivolous lawsuits and appeals with the goal of stalling and causing expense.”
“The court has concluded that he should be required to pay for that decision, and we are happy that our lawyer will be getting paid for his outstanding work in defending our constitutional rights, and those of the voters of Santa Clara County,” she said.
hannah.fry@latimes.com
Twitter: @Hannahnfry

Full disclosure I supported the recall of Hon. Judge Aaron Persky from the moment I heard about it. I feel and still do that he should have recused himself from the case at the very beginning. Judge Persky was the captain of the Stanford Lacrosse Team.

By Michael G. Stogner

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Filed under #MeToo, #SanMateoCountyNews, #TimesUp, California State Bar, Citizens Oversight Committee, Hon. Judge Aaron Persky, James McManis, Michael G. Stogner, Michele Dauber, Santa Clara County Superior Court, Silicon Valley, Tax Payer's Advocate, Those Who Matter, Victim's Advocate

SamTrans is not waiting for the recount. Full steam ahead.

San Mateo County Sheriff Deputy Heinz Puschendorf is calling for a recount and they know it.They don’t mention the $650,000 of taxpayer money used against the taxpayers for Measure W. The measure only passed by about 500 votes. lets wait for the recount to be completed. That will give Mark Church time to explain where the additional 18,259 ballots came from. Mark Simon wrote a great piece in the Climate rwc and he stated that at the Absolute Deadline for receiving Ballots which was November 9, 2018, the ballots received by the elections office was 271,704.
November 27, 2018
Media Contact: Tasha Bartholomew, 650-508-7927
Measure W Passes, Will Provide $2.4 Billion for County Transportation Improvements
Today, the San Mateo County Elections Office released an updated report showing that San Mateo County voters have approved Measure W, which will create approximately $80 million per year in new investment to relieve traffic congestion and provide expanded mobility options for County residents. The results show that 66.87 percent of county voters supported the 30-year measure putting it above the required two-thirds threshold.
“We, with our partners, are grateful for this opportunity and we are prepared for the challenge of putting these funds to work to create transportation and traffic solutions for everyone who lives and works in San Mateo County,” said San Mateo County Transit District General Manager/CEO Jim Hartnett.  “Getting to this point was a tremendous team effort, and we are incredibly thankful to everyone who helped make it happen.  We were able to put Measure W on the ballot thanks to an extraordinary partnership with Assembly Member Kevin Mullin and the San Mateo County Board of Supervisors, and it was successful thanks to tremendous efforts from the business community, transportation advocates, and residents, families, and workers throughout the County that committed such invaluable support.”
“Voters have spoken loud and clear a truth we’ve known for some time; that transportation and transit need substantial investment in order for us to solve our traffic problems,” said Transit District Board Chair Charles Stone. “There are projects and programs ready to go, from express buses to microtransit to reducing chokepoints at our highway interchanges. The funding provided by Measure W will help to make them a reality. My sincerest thanks go out to the people of San Mateo County for making their voices heard.”
The distribution of the funds will be shaped by the Congestion Relief Plan, which was a product of this community feedback and was developed to reflect how residents think transportation funding should be invested.  The Plan includes five investment categories designed to focus on advancing these priorities, while also addressing other important transportation needs:
  *  22.5 percent toward Countywide Highway Congestion Improvements to improve throughput and travel times on highway facilities in San Mateo County.
  *  12.5 percent toward Local Safety, Pothole and Congestion Relief Improvements for investment in local transportation priorities including efforts to separate the rail corridor from local roads, improve bicycle and pedestrian connections, incentivize transit options, and improve traffic flow in key congested areas.
  *  5 percent toward Bicycle and Pedestrian Improvements that safely connect communities and neighborhoods with schools, transit and employment centers countywide.
  *  10 percent toward Regional Transit Connections to better connect residents traveling from San Mateo County to neighboring counties with new and enhanced transit options.
  *  50 percent toward County Public Transportation System Investments to maintain and enhance bus, paratransit, rail and other countywide mobility services.
Investments in these five categories will be guided by 11 Core Principles that were developed in consultation with a group of more than 100 local transportation experts, advocates and community stakeholders. The Core Principles include:
  *  Relieve traffic congestion countywide
  *  Invest in a financially sustainable public transportation system that increases ridership, provides quality transit options for everyone, and embraces innovation to create more transportation choices and improves travel experience
  *  Prioritize environmentally-sustainable transportation solutions
  *  Promote economic vitality and economic development
  *  Maximize opportunities to leverage investment and services from public and private partners
  *  Enhance safety and public health
  *  Invest in repair and maintenance of existing and future infrastructure
  *  Facilitate the reduction of vehicle miles traveled, travel times and greenhouse gas emissions
  *  Incorporate the inclusion and implementation of policies that encourage safe accommodation of all people using the roads, regardless of mode of travel
  *  Incentivize transit, bicycle, pedestrian, carpooling and other shared-ride options over driving alone
  *  Maximize traffic reduction potential associated with the creation of new housing opportunities in high-quality transit corridors
To ensure that the Plan is implemented in a way that reflects these Core Principles, the Plan also includes a new citizen oversight protocol. The protocol requires the appointment of a 15-member independent citizen oversight committee that would meet regularly to monitor decision-making, ensure accountability, and provide assurance that the plan is implemented in a way that stresses public transparency.
The tax is scheduled to go into effect July 1, 2019.
###
About the San Mateo County Transit District: The San Mateo County Transit District operates 70 SamTrans routes throughout San Mateo County.  Funded in part by a half-cent sales tax, the San Mateo County Transit District also provides administrative support for Caltrain and the San Mateo County Transportation Authority. The San Mateo County Transit District has provided bus service to San Mateo County customers since 1976.

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SMDJ contines to confuse the residents.

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Local tax measures push closer to wins

  • Updated

Two local tax measure proposals continued clinging to a path toward narrow victory, as tallies still lingering from Election Day are inching toward the finish line.

According to Sunday, Nov. 25 results from the county Elections Office showing fewer than 10,000 ballots still need to be counted, Measure W, a half-cent sales tax for SamTrans and other transit initiatives, floats just incrementally above the supermajority required to pass with 66.75 percent support.

Similar results showed for Measure V, a $298 parcel tax floated to support the San Mateo-Foster City Elementary School District, as the tax collected 67.7 percent support, just ahead of the two-thirds majority required to pass.

Diana Reddy built her lead over Rick Hunter to 267 votes in the race for the Redwood City Council. The two are battling for a third seat, as Giselle Hale and Diane Howard already solidified victories.

Leads established by Richa Awasthi in her race for the second of two open seats on the Foster City Council and Flor Nicolas in her race for the third of three open seats on the South San Francisco City Council persisted, with South San Francisco Councilman Pradeep Gupta is still appearing to fall short of re-election.

In the Foster City Council contest, frontrunner Sanjay Gehani remains solidly the top vote getter with 26.61 percent and 5,110 total votes. Awasthi’s lead built marginally in the race for the second open seat with this most recent update. She currently has 19.41 percent of the vote and 3,728 total votes and is followed by Patrick Sullivan, who has 18.3 percent of the vote and 3,518 total votes.

In the South San Francisco City Council race, results largely held from the last update with frontrunner incumbent Mark Addiego remaining the top vote getter, followed by challengers Mark Nagales and Nicolas respectively. Incumbent Gupta remained in fourth place with 7,742 votes, behind Nicolas by 217 votes and Nagales by 514 votes.

Measure II, the bond proposed to help finance reconstruction of the Millbrae Community Center, continues to make incremental gains toward the supermajority required to pass but remains on pace to fail. The most recent tally showed 62.6 percent support, up marginally from a previous count of 62.4 support.

More than 260,000 ballots have been received so far. Of the ballots received, 250,682 have been counted. More results are scheduled to come out Monday, Nov. 26, and on subsequent days if needed.

Here is the reality ballots received = 286,247 of the ballots received 283,456 have been counted. That leaves 3,488 ballots to be counted.

San Mateo County Elections Results

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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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Filed under #Blacklivesmatter, #MeToo, #SanMateo, #SanMateoCountyNews, #SMCJUSTICE, #TimesUp, 911, Attorney Generals Office, Bill Silverfarb, Board of Supervisors, Body Camera Video, Carlos G. Bolanos, Carole Groom, Chinedu Okobi, Chris Hunter, Citizens Access TV, Citizens Oversight Committee, City of Millbrae, City of Redwood City, City of San Carlos, Criminal Enforcement Task Force, Dave Canepa, Dave Pine, David Burruto, David Silberman, DDA Albert Serrato, Deputy Alyssa Lorenzatti, Deputy Bryan Watt, Deputy John DeMartini, Deputy Joshua Wang, DOJ, Don Horsley, Errol Chang R.I.P., Gavin Newsom, Grand Jury, Hanson Bridgett LLP, Jim Hartnett, John Beiers, Jon Mays, Mark Church, Mark Olbert, Mark Simon, Michael G. Stogner, Michelle Durand, Mike Brosnan, Mike Callagy, NAACP, Organized Crime, Positional Asphyxia, Prosecutorial Misconduct, Ramsey Saad R.I.P., RICO, Robert Fourcrault, San Mateo County District Attorney Office, San Mateo County Domestic Violence Protocol, San Mateo County News, San Mateo County Sheriff Office, Sheriff Carlos G. Bolanos, SMC, Steve Wagstaffe, Tax Payer's Advocate, Those Who Matter, Victim's Advocate, Warren Slocum, Whistleblowers, Yanira Serrano Garcia R.I.P.

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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