Zain JafferD.A. Stephen M. WagstaffeKaren Guidotti
Update: from this morning
12/30/2021 Opposition to motion filed Comment Opposition to Petition to Seal Arrest
01/03/2022 Motion hearings Original Type Motion hearings Judicial Officer Hill, Elizabeth M.Hearing Time 10:00 AM Result Held Comment PC 851.91 Parties Present Defendant Attorney: OLMOS, DANIEL
Today at 10 AM Courtroom 2A the Hon. Judge Elizabeth Hill will preside over a Motion by Attorney Pezhman Pakmeshan to Destroy all records in the Zainali Jaffer case. On December 30, 2021 Opposition to Motion was filed.
Before the Superior Court of California County of San Mateo approves such a Motion, I’m asking that you Correct the Record and Synchronize it with the known Facts. The Odyssey Portal Court Records in the Zainali Jaffer case start with a criminal case being filed on 2/13/2018. The entire DATA from October 15, 2017 until February 13, 2018 is MISSING. That’s 4 months, Who caused that to happen?
Zainali Jaffer was arrested on October 15, 2017 by the Hillsborough Police Department for Attempted Murder of a child (his 3 year old son).
The Official State of California Court Record fails to mention San Mateo County District Attorney Steve Wagstaffe Filed a Criminal Case against Zainali Jaffer on October 17, 2017 and he was arraigned in Court on October 17, 2017. The Attempted Murder of a Child was NOT one of the charges.
The Official Court Records in the Zainali Jaffer case should be preserved until the PUBLIC can be sure there is no corruption in the State of California Courts.
Who is responsible for the DATA in the Odyssey Portal Court Records?
Who has access to that DATA?
I would recommend before ANY Judge rule on this Motion, they view the Hillsborough Police Department’s Body Worn Camera Video of the October 15, 2017 4:00AM arrest. Also check with Town of Hillsborough to see what their position on the Destruction of all records might be.
The last time San Mateo County News.com interviewed Hillsborough Police Chief Mark O’Connor on the Arrest of Zainali Jaffer he said he stands by ALL of the Charges. That includes the Attempted Murder of a Child.
This case should be studied in every Law School in the United States of America.
On Monday January 3, 2022 at 10:00 AM the Hon. Judge Elizabeth M. Hill will hear a Motion to Destroy all of the Records and Body Worn Camera Video from the Hillsborough Police Department. This same motion was on calendar for December 20, 2021 where DDA Sharon Cho informed Judge Barbara Mallach that the District Attorney’s Office had ISSUES with this and filed a Motion to Continue which was Granted.
These Records have been sealed from the very beginning, the Public has never had access to these records. Why? Here is the Very Little information that we do know.
From: Steve Wagstaffe Sent: Wednesday, January 31, 2018 4:01 PM
To: Emily Mibach Subject: People v. Jaffer Hi Emily, Here is the description of the testimony by the instructor: DEFENSE THEN CALLED MARTIN ROMUALDEZ, D’S JIU-JITSU INSTRUCTOR FOR 6 MTHS PRIOR TO INCIDENT, AND THEN CALLED OFC REY. MR. ROMUALDEZ TESTIFIED THAT WHAT HE OBSERVED ON THE BODY CAM FOOTAGES WAS THE DEF PERFORMING A JIU-JITSU MOVE THAT HE HAD BEEN TRAINED IN (ARM BAR/TRIANGLE). MR. ROMUALDEZ ADMITTED HOWEVER THAT IN THE NUMEROUS PRACTICE SESSIONS WHERE D AND HIS SON JOHN DOE WERE INVOLVED THAT D WAS NEVER NAKED, THAT IT DID NOT RESULT IN ANY SCREAMING ON THE PART OF JOHN DOE, THAT JOHN DOE DID NOT APPEAR TO BE IN PAIN, THAT JOHN DOE WAS NEVER INJURED OR TAKEN TO THE HOSPITAL. INSTRUCTOR FURTHER ADMITTED THERE IS NO JIU-JITSU MOVE THAT INVOLVES INSERTING FINGERS INTO ONE’S ANUS OR SELF-STIMULATING IN THAT MANNER, AND THAT THE PRACTICE SESSION S WITH D AND HIS SON NEVER INVOLVED ANY KIND OF TRASH TALK OR LANGUAGE SUCH AS “PUSSY.”
Remember John Doe was Zain Jaffer’s 3 year old son.
The Odyssey Portal Superior Court Records for People vs. Zainali Jaffer 17NF012415A shows this criminal case was first filed on February 13, 2018. That is 14 days after Steve Wagstaffe’s e-mail to reporter Emily. How does that happen?
Was Steve Wagstaffe’s e-mail to Emily Mibach a Violation of the Court Order to Seal the Preliminary Hearing Transcripts?
Click on Search Case Records, Click on Accept, lower right hand corner, Click Odyssey Portal, Click Odyssey Portal No Registration Required, Scroll to bottom, Click Odyssey Public Portal, Click Smart Search, enter 17NF012415A
As some of you know I have been working on Making San Mateo County Safer since 2000. I’ve always thought and I still do that Accurate and Honest Reporting and Data of Court Cases is a MUST in order to Make San Mateo County Safer for the Residents. The Zain Jaffer case is just one simple example I will give today.
Facts: October 15, 2017 4:00 AM Hillsborough, San Mateo County, California Zainali Jaffer 29 was arrested by the Hillsborough Police Department for Attempted Murder of his 3 year old son.
He was never charged with Attempted Murder of a Child, by SMCDA Steve Wagstaffe.
Below is the Odyssey Portals Superior Court of California, County of San Mateo official record of Zain Jaffer’s court case. You will see the case was filed on Febraury 13, 2018. See if you can find the date the Preliminary Hearing was held? Also note this case was DISMISSED on July 2, 2018 that is FAST.
Case Information
17-NF-012415-A | The People of the State of California vs. Zainali Jaffer
Case Number17-NF-012415-ACourt CriminalFile Date 02/13/2018Case Type InformationCase Status Dismissed
Party
DefendantJaffer, Zainali
DOBXX/XX/XXXX
Active Attorneys
Lead Attorney
OLMOS, DANIEL
Retained
Attorney
CLANCY, PATRICK E.
Retained
Charge
Charges Jaffer, Zainali
Bond
Description
Statute
Level
Date
001
PC664/288.7(b)-FEL-Attempted:Oral Copulation Or Sexual Penetration With Child 10 Years Old Or Younge664-288.7(b)Felony10/15/2017
002
PC288(b)(1)-FEL-Forcible Lewd Act Upon Child288(b)(1)Felony10/15/2017
003
PC245(a)(4)-FEL-Assault By Means Likely To Produce Great Bodily Injury245(a)(4)Felony10/15/2017
004
PC245(a)(4)-FEL-Assault By Means Likely To Produce Great Bodily Injury245(a)(4)Felony10/15/2017
005
PC273A(a)-FEL-Child Abuse273A(a)Felony10/15/2017
006
PC273A(a)-FEL-Child Abuse273A(a)Felony10/15/2017
007
PC243(b)-MISD-Battery Upon A Peace Officer And Designated Persons243(b)Misdemeanor10/15/2017
Bond Type
Bond Number
Bond Amount
Current Bond Status
Surety Bond
A3H-0000476$300,000.00Exonerated
Disposition Events
02/15/2018Plea
Judicial Officer Garratt, Stephanie
001
PC664/288.7(b)-FEL-Attempted:Oral Copulation Or Sexual Penetration With Child 10 Years Old Or Younge
Not Guilty
002
PC288(b)(1)-FEL-Forcible Lewd Act Upon Child
Not Guilty
003
PC245(a)(4)-FEL-Assault By Means Likely To Produce Great Bodily Injury
Not Guilty
004
PC245(a)(4)-FEL-Assault By Means Likely To Produce Great Bodily Injury
Not Guilty
005
PC273A(a)-FEL-Child Abuse
Not Guilty
006
PC273A(a)-FEL-Child Abuse
Not Guilty
007
PC243(b)-MISD-Battery Upon A Peace Officer And Designated Persons
Not Guilty
07/02/2018Disposition
Judicial OfficerGarratt, Stephanie
001
PC664/288.7(b)-FEL-Attempted:Oral Copulation Or Sexual Penetration With Child 10 Years Old Or Younge
Dismissal: Insufficient Evidence
002
PC288(b)(1)-FEL-Forcible Lewd Act Upon Child
Dismissal: Insufficient Evidence
003
PC245(a)(4)-FEL-Assault By Means Likely To Produce Great Bodily Injury
Dismissal: Insufficient Evidence
004
PC245(a)(4)-FEL-Assault By Means Likely To Produce Great Bodily Injury
Dismissal: Insufficient Evidence
005
PC273A(a)-FEL-Child Abuse
Dismissal: Insufficient Evidence
006
PC273A(a)-FEL-Child Abuse
Dismissal: Insufficient Evidence
007
PC243(b)-MISD-Battery Upon A Peace Officer And Designated Persons
Defendant: Jaffer, ZainaliAttorney: CLANCY, PATRICK E.
06/25/2018 Time continues to be waived.
06/25/2018 Previous dates remain as set
06/25/2018 Defendant ordered to return.
06/25/2018 Defendant remains on bail.
07/02/2018 Pretrial Conference
Judicial Officer Garratt, StephanieHearing Time1:30 PMResult Held
Parties Present
Defendant: Jaffer, ZainaliAttorney: CLANCY, PATRICK E.
07/02/2018 Motion granted.
Comment PEOPLE’S MTD
07/02/2018 Confidential Notice of Termination of Protective Order in
Comment criminal proceedings filed.
08/17/2018 Order
Comment Application and order directing the release of Exhibits introduced by the defense by the defense to the attorneys for the defense, Patrick Clancy and his associate William P. Daley
Comment order sealing preliminary hearing transcripts
08/29/2018 Order
Comment Signed Confirmation of pickup Exhibits
08/31/2018 Sealed Document by Order of the Court
Comment declaration and request for order sealing application and for temporary order sealing transcript
11/18/2021 Petition to Seal and Destroy Arrest Record Filed (PC 851.8)
Comment CR-409 Petition to Seal Arrest & Related Records PC 851.91
12/20/2021 Motion hearings
Original Type Motion hearingsJudicial Officer Mallach, Barbara J.Hearing Time10:00 AMResult HeldComment PC 851.91
12/20/2021 Waiver of personal appearance
12/20/2021 Attorney appeared on behalf of defendant
Comment Pezhman Pakmeshan
12/20/2021 Party appeared by audio and/or video
Comment DA & Atty
12/20/2021 Motion granted.
01/03/2022 Motion hearings
Judicial Officer Crim PJ, –Hearing Time10:00 AMComment PC 851.91
Yesterday DDA Sharon Cho informed Hon. Judge Barbara Mallach that there are some issues and requested this Motion be continued. That motion was granted next court date is January 3, 2022.
Zain JafferD.A. Stephen M. WagstaffeKaren Guidotti
Upadte: This Motion to Destroy has been continued to January 3, 2022
Today December 20, 2021 at 10:00 AM in Courtroom 2A the Hon Judge Barbara Mallach will rule on a Motion to Destroy all of the records in the People vs. Zainali Jaffer case 17NF012415A. The Public is invited to attend in person.
Who filed the Motion to Destroy all records and Body Worn Camera Video?
I call this the “Magic Case” because of the “Magic Meeting” held on June 7, 2018
Who is speaking for the two Children?
Diminished Capacity is No Excuse for Criminal Conduct
This case should be taught at every law school in the United States of America. NOT Destroyed.
The Zain Jaffer case was dismissed July 2, 2018. That is a fact.
Prosecutions are implicitly limited to district attorneys per California Penal Code § 739, which describes the “duty” of district attorneys to file charges after a judge finds grounds that an offense has been committed. A judge did find that in the Zain Jaffer case.
So what really happened?
San Mateo County should Audit this case and determine if the legal process was followed. He was arrested for Attempted Murder of his 3 year old son, why did that disappear so fast. Did CPS & APS follow protocol?
Zain Jaffer
D.A. Stephen M. Wagstaffe
Karen Guidotti
The decision to dismiss the entire Zain Jaffer case must have been made before this Media Update of Cases of Interest was sent out. What date was it decided to dismiss the case? What date was the motion to dismiss prepared? What date was the motion to dismiss filed with the court? The reason I ask these questions is that Zain Jaffer read a prepared statement in court written before hand by a public relations firm, so they all knew this was going to happen.
COUNTY OF SAN MATEO INTER-DEPARTMENTAL MEMORANDUM
TO: MEDIA MEMBERS
FROM: STEPHEN M. WAGSTAFFE, DISTRICT ATTORNEY
Media Notes For Monday, July 2, 2018
CASES OF INTEREST IN COURT TODAY
Peo. v. Zainali Jaffer (2-16-88), Hillsborough Police Department 664- 288.7(B)/288(B)(1)/245(A)(4)/273A(A)-Two Counts/243(B) Misdemeanor October 15, 2017; Defendant Is 29 Year Old Hillsborough Resident And Former CEO Of Mobile Advertising Company “Vungle”; At 3:56AM Sunday Morning Police Were Dispatched To Defendant’s Home In 1000 Block Of Lancaster Road In Hillsborough; They Were Met By Defendant’s Father Who Was Cut And Bleeding In Face From Being Beaten By Defendant; Father Directed Police To Backyard Where Officers Found The Naked Defendant On Top Of And Sexually Assaulting His Three Year Old Son Who Was Screaming; Officers Approached And Defendant Started Choking The Victim With His Legs; The Defendant Ignored Orders To Stop And Kept Choking The Child; Officers Had To Use Taser To Control The Defendant; The Defendant Continued To Resist The Officers And Spat At The Sergeant; The Officers Determined That Defendant Had Also Punched And Struck His One Year Old Daughter As Well As The Three Year Old Son And Beat His Father When The Father Tried To Intervene; 17-NF-012415-A (DDA Sharon K. Cho)
-The case is set at 1:30 in Dept. 9, Criminal Presiding Judge Stephanie G. Garratt, for the pretrial conference. The case is set on August 27, 2018 8:30 for jury trial. This is the third setting of the jury trial date since the superior court arraignment on February 15, 2018. The defendant is out of custody on $300,000 bail bond (posted on October 26, 2017). The defense attorney is Daniel Olmos (retained) and Patrick Clancey (retained).
Here are the charges minus the Attempted Murder Charge the Hillsborough Police called for.
COUNT 1: PC664/PC288.7(b) (Felony)
On or about October 15, 2017, in the County of San Mateo, State of California, the crime of Attempted Oral Copulation With Child 10 Years Old Or Younger in violation of PC664/PC288.7(b), a Felony, was committed in that ZAINALI JAFFER being a person 18 years of age or older, did attempt to engage in oral copulation with John Doe (3 years old), a child who was 10 years of age or younger. NOTICE: Conviction of this offense will require you to register pursuant to Penal Code section 290. Willful failure to register is a crime. NOTICE: The above offense is a serious felony within the meaning of Penal Code Section 1192.7(c) and a violent felony within the meaning of Penal Code Section 667.5(c).
COUNT 2: PC288(b)(1) (Felony)
On or about October 15, 2017, in the County of San Mateo, State of California, the crime of Forcible Lewd Act Upon Child in violation of PC288(b)(1), a Felony, was committed in that ZAINALI JAFFER did willfully, unlawfully, and lewdly commit a lewd and lascivious act upon or with the body or certain parts or members thereof of John Doe (3 years old), a child under the age of fourteen years, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of the said defendant, ZAINALI JAFFER or the said child, by use of force, violence, duress, menace, or threat of great bodily harm. NOTICE: The above offense is a serious felony within the meaning of Penal Code Section 1192.7(c) and a violent felony within the meaning of Penal Code Section 667.5(c) NOTICE: Conviction of this offense will require you to register pursuant to Penal Code section 290. Willful failure to register is a crime. NOTICE: Conviction of this offense will require the court to order you to submit to a blood test for evidence of antibodies to the probable causative agent of Acquired Immune Deficiency Syndrome (AIDS). Penal Code Section 1202.1.
COUNT 3: PC245(a)(4) (Felony)
On or about October 15, 2017, in the County of San Mateo, State of California, the crime of Assault By Means Likely To Produce Great Bodily Injury in violation of PC245(a)(4), a Felony, was committed in that ZAINALI JAFFER did willfully and unlawfully commit an assault on Firoz Jaffer by means of force likely to produce great bodily injury.
COUNT 4: PC273A(a) (Felony)
On or about October 15, 2017, in the County of San Mateo, State of California, the crime of Child Abuse in violation of PC273A(a), a Felony, was committed in that ZAINALI JAFFER did willfully and unlawfully, under circumstances likely to produce great bodily harm or death, injure, cause, or permit a child, John Doe (3 years old), to suffer or to be inflicted with unjustifiable physical pain or mental suffering, or, having the care and custody of said child, injure, cause, or permit the person or health of said child to be injured or did willfully cause or permit said child to be placed in such situation that his/her person or health was/were endangered.
COUNT 5: PC273A(a) (Felony)
On or about October 15, 2017, in the County of San Mateo, State of California, the crime of Child Abuse in violation of PC273A(a), a Felony, was committed in that ZAINALI JAFFER did willfully and unlawfully, under circumstances likely to produce great bodily harm or death, injure, cause, or permit a child, Jane Doe (1 year old), to suffer or to be inflicted with unjustifiable physical pain or mental suffering, or, having the care and custody of said child, injure, cause, or permit the person or health of said child to be injured or did willfully cause or permit said child to be placed in such situation that his/her person or health was/were endangered.
COUNT 6: PC243(b) (Misdemeanor)
On or about October 15, 2017, in the County of San Mateo, State of California, the crime of Battery Upon A Peace Officer in violation of PC243(b), a Misdemeanor, was committed in that ZAINALI JAFFER did willfully and unlawfully use force or violence upon the person of Peter Gould when said defendant, ZAINALI JAFFER, knew or reasonably should have known that said person was a peace officer engaged in the performance of his duties. Pursuant to Penal Code Section 1054.5(b), the People are hereby informally requesting that defendant(s) and his or her attorney provide to the People the discovery required by Penal Code Section 1054.3. This is a continuing request pursuant to the provisions of Penal Code Section 1054.7.
I declare under penalty of perjury that the foregoing is true and correct except for those things stated on information and belief and those I believe to be true.
Executed on October 17, 2017, at San Mateo County, California.
Also here is an e-mail to reporter at the PADP where he is describing a witness from the P.H. Jan. 31, 2018
From: Steve Wagstaffe
Sent: Wednesday, January 31, 2018 4:01 PM To: Emily Mibach
Subject: People v. Jaffer
Hi Emily,
Here is the description of the testimony by the instructor:
DEFENSE THEN CALLED MARTIN ROMUALDEZ, D’S JIU-JITSU INSTRUCTOR FOR 6 MTHS PRIOR TO INCIDENT, AND THEN CALLED OFC REY. MR. ROMUALDEZ TESTIFIED THAT WHAT HE OBSERVED ON THE BODY CAM FOOTAGES WAS THE DEF PERFORMING A JIU-JITSU MOVE THAT HE HAD BEEN TRAINED IN (ARM BAR/TRIANGLE). MR. ROMUALDEZ ADMITTED HOWEVER THAT IN THE NUMEROUS PRACTICE SESSIONS WHERE D AND HIS SON JOHN DOE WERE INVOLVED THAT D WAS NEVER NAKED, THAT IT DID NOT RESULT IN ANY SCREAMING ON THE PART OF JOHN DOE, THAT JOHN DOE DID NOT APPEAR TO BE IN PAIN, THAT JOHN DOE WAS NEVER INJURED OR TAKEN TO THE HOSPITAL. INSTRUCTOR FURTHER ADMITTED THERE IS NO JIU-JITSU MOVE THAT INVOLVES INSERTING FINGERS INTO ONE’S ANUS OR SELF-STIMULATING IN THAT MANNER, AND THAT THE PRACTICE SESSION S WITH D AND HIS SON NEVER INVOLVED ANY KIND OF TRASH TALK OR LANGUAGE SUCH AS “PUSSY.”
San Mateo County should Audit this case and that includes CPS & APS.