Category Archives: Hon. Judge Stephanie Garratt

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.

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.

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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John Ullom Questions Patrick Clancy attorney for Zainali Jaffer ex Vungle CEO.”Fingers in Anus” per e-mail.

San Mateo County resident John Ullom co-owner with his brother Dan of Citizen Access TV and a true Citizen Journalist has asked by e-mail this week.

What is the name of the drug/drugs that caused Mr. Zaffer to force his child’s face into his crotch while fingers were inserted into an anus?
 Whose fingers were inserted into who’s anus?
This might be the motive for Mr. Clancy getting the Preliminary Hearing Transcripts sealed this week.

Press Release July 23, 2018

SAN FRANCISCO — Patrick Clancy, attorney for Zain Jaffer, co-founder and former CEO of video ad company Vungle, today thanked Stephen M. Wagstaffe, District Attorney for the County of San Mateo, for going out of his way to clarify that Mr. Jaffer is completely innocent of any form of sexual misconduct.

This e-mail is why John is asking these questions. E.M. is a reporter at the Palo Alto Daily Post.

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.”

The Palo Alto Daily Post never published this information, Why? Didn’t they think this was a public safety issue.

Preliminary Hearing Transcripts Sealed 8/27/2018

By Michael G. Stogner

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Hillsborough Police Chief Mark O’Connor comments on ex Vungle CEO Zain Jaffer’s arrest, and Status of the 2 Children.

By Mark DePaula
Town of Hillsborough, California, Police Chief Mark O’ Connor comments on the Zain Jaffer arrest October 15, 2017 at 4:00AM at his residence on Lancaster Road.
Late morning on July 27, 2018 I met with Police Chief O’Connor and Captain Davis of the Hillsborough Police Department.
It was a short but cordial meeting with these men in blue. I had 8 questions that I had asked them both, regarding the Zain Jaffer arrest that took place October 15, 2017. Chief O’Connor answered the questions with additional input from Captain Davis.
Listed below are the 8 questions and answers.
1. How many officers responded to Zain Jaffer’s Dad’s 911 call?
Answer: Three officers, one Supervisor -Sgt. Gould and two officers-all three from the Hillsborough Police Department.
2. Were they all wearing body cameras? Were the cameras on?
Answer: Yes to the body cameras–Yes, they were activated.
3. Do you have the video data from the body cameras?
Answer: Yes
4. Did Zain Jaffer assault your officers?
Answer: Yes, he spit at Sgt. Gould.
5. Where was Zain Jaffer transported to after being arrested?
 Answer: San Mateo County Jail.
6.  Do you stand by your 3 officers, what they witnessed and wrote in their report?
Answer: I stand by all of my officers and the actions they took during this incident.
7. Do you believe Zain Jaffer committed crimes that morning?
Answer: The responding Hillsborough Police Officers witnessed an in-progress assault.  Further investigation lead to additional charges against Jaffer as two other victims were identified.  Based on the investigation, there was probable cause to arrest Jaffer.
 
8. What is the status of Zain Jaffer’s children ?
Answer: The status of the children is being handled by the Family Law Court in San Mateo Superior Court.
Note from Michael G. Stogner
To my knowledge Mark DePaula is the only person who interviewed HPD Chief Mark O’Connor. There are 7 advertising businesses aka Newspapers in SMC. The significance of this is there were 7 Felony charges filed against Zain Jaffer and they stayed for 8 months, June 7, 2018 a meeting took place at the District Attorney’s Office which included Defense Attorneys Patrick Clancy & Daniel Olmos, Dr. Eric Wexler and Dr. George Woods. SMCDA Chief Deputy Karen Guidotti, Sean Gallagher and Sharon Cho. Three weeks after this meeting the District Attorney’s Office filed a motion to dismiss all charges, claiming Insufficient Evidence. Hon. Judge Stephanie Garrett granted that motion July 2, 2018.
Defense Attorney Patrick Clancy‘s statement from a Public Relations piece which is going world wide.

Mr. Clancy praised the District Attorney’s office for clarifying the facts and making it clear that Mr. Jaffer is completely innocent of any sexual assault charge.

Innocent is what a JURY determines after the evidence is presented during a trial.

“Mr. Jaffer did not do anything whatsoever that could be considered sexual. He suffered an adverse reaction to medication and in the process injured some family members. It was accidental and could have happened to anyone,” Mr. Clancy said, “Thankfully, the District Attorney and his staff reviewed all the evidence and made the right decision.”

“The sexual assault charges were dismissed because they never happened.”

That statement is false according to DDA Sharon Cho “The acts that were charged we would say occurred.” 

We at San Mateo County News.Com believe the Town of Hillsborough Police Officers and Chief Mark O’Connor.

Release the Body Camera Videos.

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San Mateo County’s District Attorney Office needs a Performance Audit.

 

 

Update since this article first published Defense Attorney Patrick Clancy filed a motion to seal the Preliminary Hearing Transcripts of January 31, 2018 Motion granted by supposedly a SMC Judge. I say that because the DA doesn’t know who signed it.

Karen Guidotti <kguidotti@smcgov.org>

To:

Michael Stogner,

Steve Wagstaffe

Sep 4 at 9:02 AM

Mr. Stogner:  I do not know who signed the order.  As you stated, there is no name typed below the signature, and the signature does not clearly show the judge’s name.

Karen Guidotti

 

From: Michael Stogner [mailto:michaelgstogner@yahoo.com]
Sent: Tuesday, September 04, 2018 8:03 AM
To: Karen Guidotti <kguidotti@smcgov.org>; Steve Wagstaffe <swagstaffe@smcgov.org>
Subject: Name of Judge who sealed PH of Zain Jaffer

 

Good morning Karen and Steve

Please tell me the name of the judge who signed the Seal order. I am unable to recognize it from my copy.

We have compared it to the entire rooster, It would be nice if the name was printed below the signature.

 

Thank You

 

Michael G. Stogner

San Mateo County News.com

Performance Audit conducted in accordance with auditing standards promulgated by the Comptroller General of the United States.

This is not a new idea former Town of Atherton Finance Director John Johns R.I.P. made this recommendation in 2010. It was a good recommendation then and is now.

With the Zain Jaffer x Vungle CEO case 7 felonies including oral copulation of a child and assault of a Hillsborough Police Officer simply disappearing from the legal process after a private meeting between the District Attorney’s Office and Mr. Jaffer’s attorneys.  DA Steve Wagstaffe believed he was guilty of these charges from day one for almost 8 months, right up until the private meeting at the District Attorney”s Office which included a presentation of the entire defense. That is what a trial is for.

Steve Wagstaffe and Karen Guidotti became the Judge and Jury in the Zain Jaffer case.

How many cases in the last 10 years has a Defense Team made a private presentation at the DA’s office?

How many of those presentations resulted in the District Attorney filing a motion to dismiss the entire case?

Judges are the last layer of Oversight for the People of California. When they see a suspicious or questionable motion from the District Attorney’s Office they should not only deny it, they should report it to the State Bar. This motion by Steve Wagstaffe and Karen Guidotti was both suspicious & questionable. Now we just have to find out Why?

Why did Hon. Judge Stephanie Garratt grant the motion to dismiss? There already was a Preliminary Hearing that determined there was enough evidence for every charge to move forward. She could have denied the motion, Wagstaffe could have tested his evidence on the Grand Jury to get an indictment if he thought his case was weak. Instead he choose to dismiss the entire case and Judge Garratt assisted him in that effort.

* Those Who Matter* email from Chief Deputy District Attorney Steve Wagstaffe, he was noticing the residents of San Mateo County that there is a special group of people above the law.

e-mail sent 4/25/07 10:20 AM

Greg and Carlos

Just a quick word of support from me as you go through a difficult time. To those who matter, your decades of outstanding work in law enforcement are all that count and your integrity is not the slightest marked by the modern media’s efforts to make a story out of a non-story. Hard as it is to think it now, remember it will be yesterday’s news and irrelevant by tomorrow.

My positive thoughts are out there for both of you.

Steve

For those readers who don’t know this e-mail was written to San Mateo County Sheriff and UnderSheriff days after they both were caught and detained as Customers of Human Trafficked Sex Slaves including at least one child. April 21, 2007 FBI Sting Operation Dollhouse, Las Vegas Nevada.

The Matthew Graves (also 30 yr. old man) case should be looked at, He was sentenced to 34 years in prison, 4 of those years are for violating a Restraining Order. This should be compared to Mr. David Bohannon being arrested twice by the Menlo Park Police Department. The second time was for violating a Restraining Order, The exact same thing Matthew Graves got 4 years in prison for. The difference is Matthew Graves got charged, tried, convicted and sentenced. Mr. Bohannon no criminal case number filed, no court appearances, no trial, extracted from the legal process.

SMDJ Article Matthews Graves

The Board of Supervisors of San Mateo County should order and pay for the Audit.

San Mateo County Supervisors contact info:

By Michael G. Stogner

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San Mateo County District Attorney Steve Wagstaffe is being Investigated by the California State Bar. # 16-0-12532

Steve-Wagstaffe

D.A. Stephen M. Wagstaffe

This is why I say make the complaints public, never file just a complaint with the Bar Association. It is a Business Association and it protects its members, not the public.

May 25, 2018 California State Bar Secret Discipline Ruling

By Michael G. Stogner & Sarah Navratil

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