Category Archives: Hon. Judge Leland Davis III

The Zain Jaffer case Records should be Studied not Destroyed.

By Michael G. Stogner

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.

Steve Wagstaffe Article e-mail to Media fails to mention his intention to Dismiss Entire Case.

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?

Superior Court of California County of San Mateo Website

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

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California A.G. Rob Bonta, say something to Judge Barbara Mallach, Zain Jaffer Motion to Destroy BWC Video.

By Michael G. Stogner

Update: This Motion to Destroy Records has been continued to January 3, 2022

Dear Attorney General Rob Bonta,

Please don’t forget Zain Jaffer was arrested by the Hillsborough Police Department on October 15, 2017 for Attempted Murder of a child, There is Body Worn Camera Video.

Tomorrow December 20, 2021 Superior Court of California County of San Mateo in Courtroom 2A at 10:00 AM the Hon. Judge Barbara Mallach has a Motion to Destroy all the records in the Zain Jaffer case 17NF012415A.

Destroying the Records and Evidence is Not in the Public’s Interest.

These records could be very valuable to the wife and children in the future.

Diminished Capacity is No Excuse for Criminal Conduct.

Yahoo/Inbox

  • Karen Guidotti <kguidotti@smcgov.org> To: Michael Stogner Mon, Jul 30, 2018 at 6:39 AM·         
  • The meeting was on Thursday, June 7.·         
  • Deputy District Attorney Sharon Cho, Deputy District Attorney Sean Gallagher and I attended along with the following people from the defense team:  Attorney Patrick Clancy, attorney Daniel Olmos, Dr. Eric Wexler and Dr. George Woods.·         
  • The meeting lasted 1 and ½ hours; Ms. Cho and the defense team remained in the meeting room after Mr. Gallagher and I left.  I do not know how much longer they stayed.·         
  • Yes, we viewed the body camera footage. 
  • From: Michael Stogner [mailto:michaelgstogner@yahoo.com] 
    Sent: Saturday, July 28, 2018 9:02 AM
    To: Karen Guidotti <kguidotti@smcgov.org>
    Subject: Zain Jaffer case Hello Karen, What date did the defense team for Zain Jaffer make the presentation in the District Attorney’s Office? Who attended? How long was that meeting? Were HPD body camera videos looked at or discussed? 
  • Thank You 
  • Michael G. Stogner www.sanmateocountynews.com

I think this case should be preserved and taught in Every Law School in the United States of America.

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Who speaks for the 11 year old female victim?

By Michael G. Stogner

This case was Very Fast from start to finish, How and Why?

Just because somebody says something is true, doesn’t mean that it is.

As it turns out a San Mateo County Resident was arrested and Criminally Charged with three Felony Sexual Assault counts Bail was $500,000 and 47 days later his case is complete all the Sexual Assault charges are dismissed. This would be a good case for an AUDIT to simply find out what really happened. Was a man falsely charged in the first place? There is No Comment from Sheriff Carlos G. Bolanos about his Sheriff Investigators and their work on this case. What are their thoughts?

Sean Gallagher and Steve Wagstaffe offered Mr. Banister to reduce this case to 1 count a Misdemeanor, Why? and Why so fast?

San Mateo County Sheriff Office arrested Mr. Banister on August 31, 2021 after Investigating the Sexual Assault allegations. The Investigation started on August 2, 2021, A Judge issued a $500,000 Warrant for his arrest based on the SMCSO work product.

San Mateo County District Attorney’s Office filed the charges below on November 1, 2021, that’s 2 months after his arrest. So the District Attorney’s Office had two months to review the SMCSO Investigators work and they confirmed the three Felony sexual assault charges on an 11 year old victim.

On November 30, 2021 this offer was read in court, that is 29 days after the charges were approved and filed, What changed? What Happened?

I was not able to report what the District Attorney’s Offer was on November 30, 2021 because I was not sitting in the Courtroom. Also not in the Courtroom that morning was defendant Michael D. Banister and his defense attorney Joseph Goethals. They appeared by zoom or phone.

Superior Court of California, County of San Mateo Presiding Judge Leland Davis III cancelled the Public Access by Telephone on November 22, 2021. He has never explained Why? It can’t be because it’s safe to attend court in person now, So it must be some other really Important reason.

The listen-only public access lines are no longer in effect; proceedings are open to the public to attend in person.

The San Mateo County District Attorney’s Office has a Victim’s Advocate. Did the Victim’s Advocate meet with the child and did he/she agree with this offer?

Did the parents of the victim agree with the offer?

Hon Judge Susan Greenberg

Banister, Michael Dennis case number 21SF010162A

  DescriptionStatuteLevelDate
001PC288(a)-FEL-Lewd Act Upon A Child288(a)Felony07/24/2021
001PC1192.7(c)-ENH-Serious Felony1192.7(c)Enhancement07/24/2021
001PC667.5(c)-ENH-Special Allegation-Prior-Any Felony667.5(c)Enhancement07/24/2021
002PC288(a)-FEL-Lewd Act Upon A Child288(a)Felony07/24/2021
002PC1192.7(c)-ENH-Serious Felony1192.7(c)Enhancement07/24/2021
002PC667.5(c)-ENH-Special Allegation-Prior-Any Felony667.5(c)Enhancement07/24/2021
003PC288(a)-FEL-Lewd Act Upon A Child288(a)Felony07/24/2021
003PC1192.7(c)-ENH-Serious Felony1192.7(c)Enhancement07/24/2021
003PC667.5(c)-ENH-Special Allegation-Prior-Any Felony667.5(c)Enhancement07/24/2021
004PC647.6(a)(1)-MISD-Child Molesting647.6(a)(1)Misdemeanor07/24/2021
001PC288(a)-FEL-Lewd Act Upon A ChildDismissal: Negotiated Plea
001PC1192.7(c)-ENH-Serious FelonyStricken
001PC667.5(c)-ENH-Special Allegation-Prior-Any FelonyStricken
002PC288(a)-FEL-Lewd Act Upon A ChildDismissal: Negotiated Plea
002PC1192.7(c)-ENH-Serious FelonyStricken
002PC667.5(c)-ENH-Special Allegation-Prior-Any FelonyStricken
003PC288(a)-FEL-Lewd Act Upon A ChildDismissal: Negotiated Plea
003PC1192.7(c)-ENH-Serious FelonyStricken
003PC667.5(c)-ENH-Special Allegation-Prior-Any FelonyStricken

Judicial Officer
Greenberg, Susan

004PC647.6(a)(1)-MISD-Child MolestingPled Nolo Contendere
December 17, 2021

Sheriff Office Press Release arrest of Michael D. Banister

Does anybody wonder why Sexual Assault Victims don’t want to report the crimes.

Does San Mateo County District Attorney’s Office ever charge somebody with crimes they know they did not commit? Of course they do, look no further than People vs. Juan Pablo Lopez case NF433910A

Is that what happened is this case? I don’t know. Somebody reported a crime, the Sheriff’s Office Investigated and so did the District Attorney’s Office. They called the 11 year old girl a Victim.

How is it possible for these charges to be DISMISSED?

Remember a person is innocent until proven Guilty.

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The listen-only public access lines are no longer in effect. WHY?

By Michael G. Stogner

What caused this Change in Public Access Policy?

UPDATED NOVEMBER 22, 2021 Public Access Policy to Superior Court of California San Mateo County.

The listen-only public access lines are no longer in effect; proceedings are open to the public to attend in person.

Updated 11/22/21 – The listen-only public access lines are no longer in effect; proceedings are open to the public to attend in person.

San Mateo County Superior Court is committed to continuing public access to court proceedings during and after the pandemic emergency. Due to COVID-19 and public health concerns, the Court has shifted to convene some court proceedings remotely in order to eliminate the need for individuals to attend hearings in person. This is to reduce the number of visits by the public to the courthouses, thereby minimizing potential infection of the public and staff. 

At this time, members of the public may attend a court proceeding in person. The Court is committed to maintaining a safe workplace for our staff and the public. Each courtroom can accommodate a different number of seats in the audience. You will need to check-in with the bailiff when you enter the courtroom. The bailiff will inform you as to whether or not there is an available seat, or if capacity has been reached. If capacity has been reached, you may remain outside the courtroom until someone leaves. Face coverings are required at all times inside the courthouse.

Zoom may not be used for public access without the approval of the judicial officer.

San Mateo County News.com first reported this Important Change in Policy on November 24, 2021.

SMCN.com November 24, 2021 Article

San Mateo Daily Journal first reported this Important Story, NOT YET.

Half Moon Bay Review first reported this Important Story, NOT YET.

The Pacifica Tribune first reported this Important Story, NOT YET.

The S.F. Gate first reported this Important Story, NOT YET.

The Bay Cities News Foundation first reported this Important Story, NOT YET.

KQED first reported this Important Story, NOT YET.

The Almanac first reported this Important Story, NOT YET.

The Palo Alto Daily Post first reported this Important Story, NOT YET.

RWC Climate first reported this Important Story, NOT YET.

The San Jose Mercury News first reported this Important Story, Not Yet.

Foster City Islander first reported this Important Story, Not Yet.

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Hon. Judge Joseph Scott, Best of Health.

By Michael G. Stogner

Juan P. Lopez

Update: Next court date for Juan P. Lopez is May 20, 2021 9:00 AM Courtroom 2G.

Update: 5/14/2021 Hon. Judge Joseph Scott is still not back to work.

Update: 5/13/2021 Hon. Judge Joseph Scott is still not back to work.

Yesterday May 11, 2021 On a phone or Zoom appearance Hon. Judge Leland Davis III almost ordered x Sheriff Deputy Juan P. Lopez’s Attorneys Tony Serra & Maria Belyi to appear in person in Hon. Judge Joseph Scott’s Courtroom 2G today May 12, 2021.

San Mateo County DDA Kimberly Perrotti requested Judge Davis to order that after Maria Belyi explained she had scheduled another court appearance in a different county based on the Judges previous communication regarding the Medical Emergency of Hon. Judge Joseph Scott which was made public on April 1, 2021. Kimberly Perrotti knows that Judge Scott has not been back to his courtroom since April 1, 2021. That’s 43 days.

She knows he might not be back. It turns out He’s not.

Juan P. Lopez and his attorneys want the case to be heard by Hon. Judge Joseph Scott. They want him to be fully recovered from whatever the Medical Emergency was. Judge Davis had already explained that Judge Scott would NOT be available for any afternoon schedule, that means even if he did come back today he is only available from 9 AM-12 Noon each day.

The Juan P. Lopez started 6.5 years ago with SMCDA Supervisor of Inspectors William Massey trying to get the girlfriend of Candidate for Sheriff 2014 FIRED. He communicated at least twice with her Employer telling him to FIRE her.

The residents of San Mateo County will recall Deputy Lopez was arrested and Falsely charged with Smuggling a Cellphone and Drugs to a Hells Angel Gang Member. That is a Bad Thing. How many times does the District Attorney Falsely Charge someone in San Mateo County?

Next court date for Juan P. Lopez is May 20, 2021 9:00 AM Courtroom 2G.

To Listen Phone 1-206-279-9591 Code 631595

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Hon. Judge Joseph Scott, Medical Emergency.

By Michael G. Stogner

Juan P. Lopez

Update Next Court Date: April 26, 2021 Time: 9:00 AM, We will see if Judge Scott will be the judge at that time.

Last Thursday April 1, 2021 retired San Mateo County Sheriff Deputy Juan P. Lopez’s case was moved from Courtroom 2H to 2 G just 10 minutes before it was to be heard. Judge Leland Davis III informed everyone that Hon. Judge Joseph Scott would not be there based on a Medical Emergency. That in itself is a pretty big deal one that would be on the front page of every Newspaper in San Mateo County even if it didn’t have anything to do with Deputy Sheriff Juan P. Lopez 6.5 year criminal case.

Today at 2:00 PM 1-425-650-1381 Code 425463

I hope the Medical Emergency has passed and everyone is ok, I have no idea who had the M.E. and Judge Davis III did not go into any detail.

What was to be heard last Thursday was a Motion to Quash a Subpoena involving San Mateo County District Attorney Steve Wagstaffe. Judge Scott had spent several hours getting up to speed on this issue.

For those who have been following the Deputy Juan P. Lopez story you will remember it began back in 2013 with SMCSO Lt. Armando, Sgt. Jason Peardon, and SMCDA Inspector Supervisor William Massey.

He was charged with Smuggling a Cellphone and Drugs to Hells Angels Gang Member in Maguire Jail. Embezzlement of Campaign Funds ($400K). What ever happened to those very public charges?

Defense attorneys for Juan Lopez are Tony Serra and Maria Belyi of San Francisco.

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San Mateo County Courts not worried about COVID-19 Open for Justice.

by Michael G. Stogner

These three men in charge have decided it’s business as usual. What do they know that the rest of the world doesn’t? The CDC recommended that “for the next eight weeks,organisers (whether groups or individuals) cancel or postpone in-person events that consist of 50 people or more throughout the United States.”

Presiding Judge: Hon. Jonathan E. Karesh

Assistant Presiding Judge: Hon. Leland Davis, III

Court Executive Officer: Neal I Taniguchi

As of this morning no closure of the courts, Why?

Jury Pools are more than 50 people. There are more than 50 people standing or sitting in the halls waiting for the courts everyday.

San Mateo County Court Website Posted March 17, 2020

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