Category Archives: Hon. Judge Mark Forcum

Tony Serra to SMC Hon. Judge Mark Forcum. “Targeting” Deputy Juan P. Lopez

serraTony

“Targeting Juan P. Lopez” “Bad Faith” “Misuse of a Search Warrant.” “Using it as an Investigative Tool.” “You can’t use a Search Warrant for that.” “Therein lies the Bad Faith.”

October 17, 2018 Honorable Judge Mark Forcum thanked Tony Serra for his comments and ruled against him. He ruled that now SMCSO Lt. Andrew Armando did have probable cause to obtain the Search Warrant. He ignored the obvious (Perjury) lying to Hon. Judge George Miriam by then SMCSO Detective Andrew Armando.

Lt. Andrew Armando has not been investigated or charged by the San Mateo County District Attorney’s Office. Why?

They have know known of these allegations for almost 4 years. May 1, 2018 Tony Serra and Maria Belyi filed this motion, which clearly alleges perjury.

“The most suspicious call”  Lt. Andrew Armando made this call himself. That didn’t bother the Honorable Judge Mark Forcum one bit.

Lopez Filing May 1, 2018

November 15, 2018 is the next Court Date for a Franks Hearing where finally SMCSO Lt. Andrew Armando will be on the witness stand under oath.

I have been reporting about the “Targeting” to cause financial harm to Sheriff Deputy Juan P. Lopez and anyone close to him for almost 4 years now. It was refreshing to hear his attorney mention that in court yesterday. One example is the motion above which Judge Mark Forcum has personally continued at least 4 times. That means Juan’s attorneys had to drive down from San Francisco 4 times wait for the case to be called to have Forcum say it’s continued. Attorney Stuart Hanlon Juan’s first law firm told a reporter his career could be impacted for discussing Juan’s case in the interview. Nobody asked, What the Hell did Stuart Hanlon mean? Think about it. He was just telling the truth. Attorneys can and do get blacklisted in San Mateo County Courts.

Why is this one motion so important to San Mateo County Officials? It proves that San Mateo County Sheriff Detectives and San Mateo County District Attorney Inspectors commit crimes to obtain Search Warrants like the 80 that were issued in the Sunny Day Murder cases alone. This one motion also shows that the Judges don’t care.

A recent DA Steve Wagstaffe quote: “I still believe that one of the key components of a good criminal justice system is faith that judges do the right thing,” 

With Audits the residents don’t need to rely on faith.

SMCSO Lt. Andrew Armando is a Brady Officer

Wake Up San Mateo County Residents.

By Michael G. Stogner

 

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SMCSO has a new standard for Search Warrants. Lt. Andrew Armando used one to Potentially exclude him as a co-conspirator. Deputy Juan Lopez case.

What Judge would allow a Search Warrant for that purpose. Hon. Judge George Miriam did. Usually you get a Search Warrant because you have probable cause that a Felony has occurred.

The other little issue is Lt. Andrew Armando lying to Judge Miriam to obtain the Search Warrant.

October 17, 2018 9:00AM Courtroom 2H Hon. Judge Mark Forcum will be making his ruling.

By Michael G. Stogner

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Good Day for Juan P. Lopez.

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Yesterday for the first time in almost 4 years the defense attorneys Tony Serra and Maria Belyi for Juan P. Lopez were able to present to Judge Mark Forcum why the Search Warrant obtained by San Mateo County Sheriff Det. Andrew Armando should be quashed. The short version is he lied to Hon. Judge George Miriam in his affidavit for Search Warrant of Juan’s cell phone data. He told the Judge that the contraband cellphone recovered from the jail had received two suspicious calls. The key word here is suspicious, the reason being is Detective Andrew Armando made those two calls to the contraband cellphone himself. He also found two text messages on a different cellphone that had the name “Juan” in them. The cellphone was owned by a Hispanic female, nevertheless Andrew Armando concluded that name “Juan” had to be San Mateo County Sheriff Deputy Juan P. Lopez. DDA Bryan Abanto stood up in court and defended the actions and behavior of Andrew Armando claiming he had probable cause to investigate on that theory. He doesn’t share with Judge Forcum that the Sheriff’s Office and his Office had interviewed the female owner of that cellphone many years ago and she told them ” I don’t know Sheriff Deputy Juan Lopez.” They have been hiding the interview for all this time.

October 17, 2018 Judge Forcum ruling on the motion.

It’s time for the residents of San Mateo County to speak up. Stop the corruption in our courts.

How is San Mateo County Sheriff’s Office Lt. Andrew Armando still employed?

How is he not investigated and charged with crimes? Look to Carlos Bolanos & Steve Wagstaffe.

May 1, 2018 Motion

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San Mateo County District Attorney Steve Wagstaffe fails to Mention Motion to Dismiss the Entire Zain Jaffer case.

The Zain Jaffer case was dismissed July 2, 2018. That is a fact.

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?

 

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 PMTo: 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.

By Michael G. Stogner

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2 California Judges Removed for Misconduct. It’s about Time

California Residents should say Thank You to Good and Concerned Citizen Joe Sweeney.

This article is from the LA Times 8/8/2018

State censures and bans two judicial officers
Court commissioner is rebuked for social media rants; a judge, for misconduct.
By Joseph Serna
One man was cited for posting far-right memes on Facebook, railing against immigrants, gays and Muslims and saying that former President Obama was trying to convert the nation to Islam.
The other was admonished multiple times for improper conduct and for making “discourteous, demeaning and belittling comments” in various court cases.
Both were longtime judicial officers in Kern and Contra Costa counties.
Not anymore.
A state judicial watchdog agency recently censured both men on the condition that neither of them ever run for or hold a judicial post again. It’s unusual for a judge to be censured and even rarer to be banned from the bench for life — the commission’s online database shows only 18 such instances since 1998.
On Tuesday, the Commission on Judicial Performance announced that Contra Costa County Judge Bruce Clayton Mills had been cited for willful misconduct stemming from three incidents in 2016. The panel said Mills, who retired May 30 and had been disciplined multiple times over his 23-year career, was barred from ever holding office again “in order to protect the public and maintain confidence in the integrity and independence of the judicial system.”
In the most recent incidents, Mills communicated with a defense attorney about his client’s sentencing outside of the presence of prosecutors — which is improper — and then modified the defendant’s sentence based on the threat of litigation instead of the letter of the law, the commission said. In another instance, he improperly communicated with a prosecutor about his case before the court without the defense present, which is also prohibited.
The panel cited other improprieties:
In 2013, Mills was publicly admonished for improperly speaking with the judge overseeing his son’s traffic infraction case.
In 2006, he was publicly admonished for a series of improper communications in a criminal case, assuming the role of a prosecutor in a different case and engaging in a “pattern of making discourteous, demeaning and belittling comments in criminal cases,” the commission’s decision said.
In 2001, he was privately admonished for making remarks suggesting a lack of impartiality and for attempting to obtain a guilty plea from a defendant who wanted an attorney.
Given “the judge’s failure to appreciate the impropriety of his conduct, and his lack of candor as evidenced by his shifting explanations for his conduct, the commission concluded that there was a strong likelihood that Judge Mills will engage in subsequent misconduct if he were to serve in a judicial capacity in the future,” the commission concluded.
Jim Murphy, Mills’ attorney, said his client was “a good guy” and that he was “extremely disappointed” in the commission’s decision. He said Mills is now seeking a career outside the law.
In the case of retired Kern County Court Commissioner Joseph Gianquinto , who began serving on the bench in December 2007, the state commission said that his social media posts undermined the public’s confidence in the judiciary and brought the office into disrepute. Court commissioners are similar to a judges, though with less power, and handle mostly traffic tickets, family cases and arraignments.
The commission voted to censure Gianquinto on Aug. 22.
Commission documents outline dozens of Facebook posts Gianquinto published or shared in 2016 and 2017 that reflected “anti-Muslim sentiment, anti-immigration sentiment, anti-Native American sentiment, anti-gay marriage sentiment, a position on the controversial issue of shooting deaths by police officers, strong opposition to then-presidential candidate Hillary Clinton, contrasting praise for then-presidential candidate Donald Trump, an accusation that President Obama was trying to transform the United States from a Judeo-Christian nation into Islam, a lack of respect for the federal justice system and contempt for the poor.”
The commission pointed to numerous statements and memes Gianquinto shared through Facebook, where he identified himself as “Jj Gianquinto,” a Kern County employee, with a photo of himself included.
He claimed Obama was trying to convert the nation to Islam and that he “lost respect for the federal justice system” after Clinton was not prosecuted by the FBI.
On Jan. 30, 2017, Gianquinto posted an item that read, “For the Indian Rez that will not permit the wall built on 75 miles of border on their land — how about building the wall around that rez, fencing them into Mexico? That should please them.”
He shared a photo of a group of Muslim men with the words, “They suck the western welfare system dry, outbreed to become a majority, lobby for their own laws and takeover.” He also shared a post that called liberals “America’s cancer” and another that advocated arresting immigrant rights protesters.
When the court’s presiding judge raised concerns about the posts, Gianquinto attempted to take them down but failed because of a lack of technical prowess, the commission said. Regardless, the damage had been done, the panel concluded.
“Mr. Gianquinto’s conduct on Facebook was egregious, and is the type of conduct that inherently undermines public confidence in the judiciary and that brings the judicial office into disrepute,” the commission said.
Gianquinto, who retired March 30, agreed to stay out of office in exchange for not being barred.
“He is looking forward to putting the matter behind him,” his attorney said.
joseph.serna@latimes.com
Twitter: @JosephSerna

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San Mateo County Sheriff Lt. Andrew Armando is a Brady Officer at the very least, Criminal at most.

Lt. Andrew Armando is currently in charge of the Internal Affairs of the Sheriff’s Office. That is a bad thing. He is dishonest and has committed criminal acts in the Sheriff Deputy Juan P. Lopez Criminal case. In order for him to be convicted of a crime, San Mateo County District Attorney’s Office Steve Wagstaffe, Karen Guidotti, John Warren would have to file charges and currently they are refusing to do so. Who else is aware of the criminal conduct allegations filed May 1, 2018 in the Lopez case. Sheriff Carlos Bolanos, many Sheriff Deputies, San Mateo County Counsel, Judges include Hon. Judge George Miriam, Hon. Judge Mark Forcum.

The public is counting on, hoping that all people in position of Authority will do their job, which is to protect the public not a small group of “Those Who Matter.”

Why are the people mentioned above protecting a “Dirty Cop”? They have all known since May 1, 2018 of the allegations. What actions have they taken besides delaying?

A recent DA Steve Wagstaffe quote: “I still believe that one of the key components of a good criminal justice system is faith that judges do the right thing,” 

The same can be said for the Sheriff Office and the District Attorney’s Office do the right thing.

The Sunny Day Murder case had 80 Search Warrants alone.

How many cases or Search Warrants has Lt. Andrew Armando been involved in since 2013? A Brady Officer can not testify for good reason.

Juan Lopez’s first Attorney Stuart Hanlon to reporter Katie Utehs 2/23/2015:

“This interview is going to make it harder to practice there, but it’s the truth and I’m willing to deal with it because I think this man is being falsely charged.”

Mr. Hanlon is right as of today 8 Felony charges have been dismissed. San Mateo County Government leadership could care less that the DA’s Office and Sheriff’s Office is dishonest. Look no further then Good and Concerned Citizen Therese Dyer who has been reporting corruption in those offices for many years and the Supervisors refuse to conduct an Audit.

Elected Official Jack Hickey is the only SMC politician to question the DA’s Office.

Here is the Lopez Motion with the criminal allegations.

By Michael G. Stogner

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San Mateo County Sheriff Lt. Andrew Armando to Testify.

Real life is much more exciting then reality t.v. Please join me.

Update: Continued to October 3, 2018

Hon. Judge Mark Forcum continued this motion for the third time which makes the 4th time it has been continued since filed May 1, 2018. He claimed his court had a murder trial going in it. The Lopez Motion will not take very much time at all 2 hours max and most likely 30 minutes should do. One star witness SMCSO Lt. Andrew Armando he will either take the fifth or testify he committed a Felony. Those who Matter don’t want that to happen before another case set for September 10, 2018 goes to trial, reason being as soon as Lt. Armando has his day in court the other case gets DISMISSED. It’s not good when Search Warrants are obtained by a criminal act.

Monday August 27, 2018 9:00AM Courtroom 2H Hon. Judge Mark Forcum will preside in the former Sheriff Deputy Juan P. Lopez case which is approaching 4 yrs in SMC’s criminal justice system. You might recall District Attorney Steve Wagstaffe holding a press conference charging Deputy Lopez with smuggling a cellphone and drugs into the jail to a gang member inmate. Mr. Wagstaffe did not hold a press conference when a judge who finally heard the DA’s case threw out those charges, the DA and the Sheriff’s Office knew there was no evidence that connected Juan P. Lopez to those charges. That didn’t stop them or even slow them down. You would think that would cause a normal person to review/audit their own work to answer the question, How did we get it so wrong? Not the case.

Lt. Andrew Armando has been promoted twice since he obtained the Search Warrant to get his hands on Deputy Juan P. Lopez’s cellphone. He was Detective on the date he committed perjury to Hon. Judge George Miriam. After that he was promoted to Sergeant and a short time later promoted to Lt. now in charge of Internal Affairs.

Juan P. Lopez and his supporters knew from the very beginning that Armando’s sworn statement to the judge was a lie. 4 years later he will be on the witness stand.

The residents of San Mateo County should ask how many Search Warrants was SMCSO Detective Andrew Armando and District Attorney Inspector Jordan Boyd involved in since 2013. I know of one case 80 Search Warrants were issued. Think about that when an entire case is started with a lie, the amount of suffering caused and many guilty pleas to end the nightmare of the legal process in SMC.

May 1, 2018 Filing with perjury allegations.

By Michael G. Stogner

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