Category Archives: Judicial Misconduct

Commission on Judicial Performance (CJP) gets low marks in Audit.

April 25, 2019
2016-137

The Governor of California
President pro Tempore of the Senate
Speaker of the Assembly
State Capitol
Sacramento, California 95814

Dear Governor and Legislative Leaders:

At the request of the Joint Legislative Audit Committee, the California State Auditor presents this audit report of the Commission on Judicial Performance (CJP). CJP is the agency charged with investigating complaints about judicial misconduct and deciding whether to discipline California judges for violations of the code of judicial ethics, and our review found that CJP must address the following weaknesses:

  • It does not consistently take all reasonable steps when it investigates alleged misconduct.
  • Its structure and disciplinary processes do not align with best practices.
  • It has not worked sufficiently to increase its transparency and accessibility.

In about one-third of the cases we reviewed, we found that CJP’s investigators did not take all reasonable steps to determine the existence or extent of alleged misconduct, such as inappropriate demeanor or improper delegation of duties to court staff. These missed steps include not speaking with all relevant witnesses, not obtaining additional evidence, and not taking a broad approach to determining misconduct in light of a pattern of allegations. Furthermore, CJP’s structure—as a single entity that both investigates alleged judicial misconduct and makes decisions about the appropriate level of discipline—results in judges facing potential discipline from a body of commissioners that is privy to unfounded allegations of misconduct. CJP also delegates responsibility for evidentiary hearings on alleged misconduct to three judges appointed by the Supreme Court of California, a practice that falls short of the voters’ intent to increase the public’s role in judicial discipline with the passage of Proposition 190 in 1994. Finally, CJP has not taken steps to hold meetings that are open to the public or to accept electronically submitted complaints, despite decades of public scrutiny about its lack of transparency and inaccessibility.

CJP’s operations and structure must change significantly to address the issues that this audit revealed. CJP can change its internal policies to address concerns about the planning and supervision of its investigations. However, changes to CJP’s structure will require an amendment to the California Constitution and CJP will need to inform the Legislature about any related funding needs as it adjusts its practices.

Respectfully submitted,

ELAINE M. HOWLE, CPA
California State Auditor

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Zain Jaffer is suing Vungle, Not Hillsborough Police Department.

 

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Zain Jaffer

Zain Jaffer’s attorney filed suit yesterday seeking $100,000,000 for Wrongful Termination. He is not satisfied with not being in prison for 30-40 years. Notice he is not suing Hillsborough Police Department who arrested him for Attempted Murder of his child. The Police Chief stands by the arrest for all charges and he has the video to prove it. His criminal case being plucked from the legal process/system is similar to the College Admissions Corruption story in recent news.

No application ever filed or made for factual innocence motion.

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.

Michael G. Stogner

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Expert Martin has Chinedu V. Okobi Handcuffed at 7:10 in Wagstaffe’s video.

That is simply not even close to being true. After investing about 30 Hours going over what the Government has provided the public I say Chinedu V. Okobi was handcuffed at 8:31, Dead at 9:10, and Sat up with legs straight out and head slumped forward at 10:27. Not one San Mateo County Sheriff Deputy provided CPR, and they conspired to create the story that he was alive and well all the time they had him in their custody and he only died after the Firefighters and AMR staff took over which is a disgusting lie by itself.

7:22 mark in the video the Caption says “A Deputy attempts to subdue Okobi with Pepper Spray, But mistakenly hits his fellow deputies and Sergeant. As the viewer can clearly see Chinedu V. Okobi is Not Handcuffed yet.

Martin: Sergeant Weidner requested EMS response just after getting Mr. Okobi handcuffed at 7:10 mark.

 

 

Community Service Officer Joseph Gonzales 6:26 mark who was instrumental in the take down of Chinedu V. Okobi is not listed on the front page of the video and hidden in the reports as a Witness. I say and the video proves he was much more than a witness.

The Coroners Office got it right ruled it a Homicide.

San Mateo District Attorney Official Reports

Board of Supervisors 3/12/2019 Public Comment @29:30 Mark

By Michael G. Stogner

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Filed under #Blacklivesmatter, #SanMateoCountyNews, #SMCJUSTICE, 911, AMR, Attorney Josh Bentley, Board of Supervisors, Carole Groom, Chief Deputy District Attorney Al Serrato, Chinedu Okobi, Chris Hunter, Citizen Journalist, Citizens Oversight Committee, City of Millbrae, Community Service Officer Joseph Gonzales, Dave Canepa, Dave Pine, David Burruto, David Silberman, Deputy Alyssa Lorenzatti, Deputy Bryan Watt, Deputy John DeMartini, Deputy Joshua Wang, DOJ, Don Horsley, Excessive & Unnecessary Use of Force, Grand Jury, John Burris, John Warren, Judicial Misconduct, Michael G. Stogner, Mike Callagy, Millbrae City Manager Tom Williams, NAACP, Organized Crime, Positional Asphyxia, Prosecutorial Misconduct, RICO, Rueben Holober, San Mateo County District Attorney Office, San Mateo County Firefighters, San Mateo County Grand Jury, San Mateo County Manager, San Mateo County Sheriff Office, Sergeant David Weidner, Sheriff Carlos G. Bolanos, SMC, SMCSO PIO Rosemerry Blankswade, SMCSO Sgt. Weidner, Steve Wagstaffe, Those Who Matter, Victim's Advocate, Warren Slocum, Wayne Lee

SMC District Attorney Steve Wagstaffe making Chinedu V. Okobi recordings public tomorrow.

 

No mention of the Sixth San Mateo County Sheriff Employee Civilian CSO Joseph Gonzales. He participated in the physical takedown of Okobi, He also can be clearly seen deploying O.C. Spray at the 7:18 mark of Wagstaffe’s video.

No criminal charges for San Mateo County sheriff’s deputies in death of Chinedu Okobi.

District Attorney Steve Wagstaffe has stated he will provide the Video and Audio recordings of the October 3, 2018 Pedestrian In Custody Death of Chinedu V. Okobi. They will be available on the District Attorney’s website March 1, 2019 in the afternoon. He will also announce his charging decision of the 5 SMCSO Employees at an 11:00 am press conference at his office in Redwood City March 1, 2019.

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By Michael G. Stogner

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Filed under #Blacklivesmatter, #SanMateoCountyNews, #SMCJUSTICE, 911, Ann Scheidner, Anne Olivia, Attorney Generals Office, Board of Supervisors, California State Bar, Carole Groom, Chinedu Okobi, Citizen Journalist, Citizens Oversight Committee, City of Millbrae, Community Service Officer Joseph Gonzales, CSO Joseph Gonzales, D.J. Wozniak, Dave Canepa, Dave Pine, David Burruto, Deputy Alyssa Lorenzatti, Deputy Bryan Watt, Deputy John DeMartini, Deputy Joshua Wang, Diane Papan, DOJ, Don Horsley, Google, Jamie Draper, John Burris, John Warren, Judicial Misconduct, Michael G. Stogner, Mike Callagy, Millbrae City Manager Tom Williams, Positional Asphyxia, Prosecutorial Misconduct, Rueben Holober, San Mateo County Clerk to Supervisors, San Mateo County Grand Jury, San Mateo County Manager, San Mateo County Sheriff Office, Sergeant David Weidner, Sheriff Carlos G. Bolanos, Silicon Valley, SMC, SMCSO Captain Paul Kunkel, Steve Wagstaffe, Those Who Matter, Victim's Advocate, Warren Slocum, Wayne Lee, Yahoo

Millbrae Officials Silent on in custody death of pedestrian Chinedu V. Okobi.

On October 3, 2018 in the middle of the day on El Camino Real, Millbrae, California. Chinedu V. Okobi died after 5 San Mateo County Sheriff Deputies, Tased him, hit him with extended baton, and sprayed him with OC spray, at least 4 deputies were on top of him when he stopped breathing, was he turned on his side as policy requires, who if anyone provided CPR.

The City of Millbrae has hired the San Mateo County Sheriff’s Office to provide peace officers or public safety services for the residents. Captain Paul Kunkel took over the Millbrae position just 3 weeks before this in custody death of a pedestrian happened.

We are not talking about a violent bank robbery, or car jacking suspect, we are talking about a man walking down the sidewalk. At the very minimum this demonstrates the provider is incompetent and at the maximum criminal behavior.

I have not seen or heard any comments from these two gentlemen who are responsible.

Kunkel_p copy

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Millbrae City Manager Tom Williams

Millbrae City Council members below

 

 

 

These are the seven people who are responsible to the residents of Millbrae to provide Police Services. They have remained silent. Many Good and Concerned Citizens have been speaking up at the Board of Supervisors Meetings demanding answers to what really happened that day Release the video and audio recordings.

12/4/2018 Supervisor Meeting over 40 speakers

02/13/2019 Chinedu’s Birthday, 37 Balloons given with Petition of 50,000 signatures to D.A. Steve Wagstaffe.

That night I attended a Vigil at 1400 El Camino Real, Millbrae, California it was a stormy night full of love and respect for Chindeu and his loved ones. I did not see any of the seven people above attend. I did meet two neighbors who said they are terrified of the Police in Millbrae. I told them they don’t have Police in Millbrae they have the Sheriff’s Office, big difference. They also said they are sickened by what happened to Chinedu Okobi. I thanked them for attending and sharing their thoughts.

By Michael G. Stogner

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Filed under #Blacklivesmatter, #SanMateo, #SanMateoCountyNews, #SMCJUSTICE, 911, Ann Scheidner, Anne Olivia, Board of Supervisors, Carole Groom, Chinedu Okobi, Citizen Journalist, Citizens Oversight Committee, City of Millbrae, Criminal Enforcement Task Force, Dave Canepa, Dave Pine, David Burruto, Deputy Alyssa Lorenzatti, Deputy Bryan Watt, Deputy John DeMartini, Deputy Joshua Wang, DOJ, Don Horsley, Excessive & Unnecessary Use of Force, Gina Papan, Grand Jury, John Burris, John Warren, Judicial Misconduct, Michael G. Stogner, Mike Callagy, Millbrae City Manager Tom Williams, NAACP, Ordinance 04430, Organized Crime, Positional Asphyxia, R.E.A.C.T. Task Force, Rueben Holober, San Mateo County Clerk to Supervisors, San Mateo County District Attorney Office, San Mateo County Manager, San Mateo County Sheriff Office, Secret/Hidden Search Warrants, Sheriff Carlos G. Bolanos, SMCSO Captain Paul Kunkel, SMCSO Sgt. Weidner, Steve Wagstaffe, Tax Payer's Advocate, Those Who Matter, Uncategorized, Victim's Advocate, Warren Slocum, Wayne Lee, Whistleblowers

District Attorney Steve Wagstaffe served Petition 50K signatures Chinedu V. Okobi R.I.P.

 

 

Video

14:30 mark, Steve Wagstaffe says “For True Independence” “I understand peoples perception.”

Below are e-mails of back and forth between San Mateo County Sheriff and District Attorney on the very first day the public was learning about our two top Sheriffs being caught and detained/transported by the Las Vegas Metro Police/FBI as customers of Human Trafficked Sex Slaves including a minor. You will see the unhealthy support and the destain for the media.

Carlos is Carlos G. Bolanos who was Illegally Appointed to Sheriff July 12, 2016 by the Board of Supervisors.

emails&literature

Every time I see San Mateo County District Attorney Steve Wagstaffe talk to people of color, I think there should be a warning, He is a racist and a liar according to these Judges. The 5 County Supervisors and their Staff all know this.

IV. Conclusion

Taken as a whole, the record compels a finding that the prosecutor’s non-race based reasons for peremptorily striking M.C. were pretexts.   The fact that the prosecutor peremptorily struck the only other African-American juror in the jury pool and provided at least two implausible reasons for that challenge reinforces this conclusion.   We therefore hold that both the California Court of Appeal and the district court clearly erred when they found that Ali failed to establish purposeful discrimination.   We further hold that, in light of the overwhelming evidence indicating that the prosecutor in Ali’s case acted with discriminatory intent when he struck M.C., the California appellate court’s finding to the contrary was an unreasonable determination of the facts in light of the evidence presented in the state court proceedings.   See 28 U.S.C. § 2254(d)(2).   We therefore reverse the judgment of the district court and remand with directions to issue a conditional writ of habeas corpus requiring Ali’s release from custody, unless the State elects to retry Ali within a reasonable time to be determined by the district court.

9th District Court

By Michael G. Stogner

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Filed under #Blacklivesmatter, #Humantraffickedsexslaves, #OperationDollhouse, #SanMateo, #SanMateoCountyNews, #SMCJUSTICE, 911, Board of Supervisors, Carole Groom, Chinedu Okobi, Citizen Journalist, Dave Canepa, Dave Pine, David Burruto, David Silberman, Deputy Alyssa Lorenzatti, Deputy Bryan Watt, Deputy John DeMartini, Deputy Joshua Wang, DOJ, Don Horsley, Grand Jury, Heinz Puschendorf, John Beiers, John Burris, John Warren, Judicial Misconduct, Matthew Graves, Michael G. Stogner, Mike Callagy, NAACP, Please Withdraw Endorsement of Carlos Bolanos for Sheriff 2018, Positional Asphyxia, R.E.A.C.T. Task Force, Ramsy Saad, SamTrans Fraud Investigation, San Mateo County District Attorney Office, San Mateo County Grand Jury, San Mateo County Sheriff Office, Sergeant David Weidner, Sheriff Carlos G. Bolanos, Sheriff Munks, Silicon Valley, SMC, Steve Wagstaffe, Those Who Matter, Victim's Advocate, Warren Slocum, World Surf League

SMC’s Thomas A. Swift Electric Rifle (TASER) Forum.

The real topic of Excessive & Unnecessary Use of Force was not broached.

February 11, 2019 San Mateo County Supervisor’s Committee on Thomas A. Swift Electric Rifle (TASER) Forum. Supervisors Don Horsley, Warren Slocum, Dave Pine, Dave Canepa, Carole Groom thought that this would satisfy the Good and Concerned Citizens of San Mateo County and would be a lot easier than actually Supervising Sheriff Carlos G. Bolanos that they Illegally Appointed on July 12, 2016, and District Attorney Steve Wagstaffe who is refusing to release the videos and audio recordings which contain stupid statements by the 5 deputies “do you want water.”

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Ginny Kraus (holding up sign) has said from day one “This will NOT go away.” She means it.

This is just a small sample of the citizens that have been showing up consistently for 132 days requesting/demanding honesty from the Elected Officials of San Mateo County. They understand that accidents happen, sometimes in custody deaths occur by accident, It’s what was done right after a death that makes the difference. How many seconds after Chinedu stopped breathing was CPR administered and by who and for how long? This information is what the recordings will provide to the public. D.A. Steve Wagstaffe is refusing to release those recordings.

J.R. Stone KRON video 58 second mark

Chindeu V. Okobi was Murdered by 5 San Mateo County Sheriff Deputies on October 3, 2018 on El Camino Real, Millbrae, California. All 5 Deputies failed to handcuff him when he was tased. Instead one officer backed away, another raised an extended baton, not one got on the ground to handcuff him before he composed himself and got up to save his own life and run away. He did not accomplish that as they continued to torture him to death, after passing according to Ebele they grabbed him like a bag of garbage sat him which caused his head to lean forward closing his airway which assured his death. No CRP given.

So many great people attended the meeting several who have lost relatives to excessive and unnecessary force which is protected in San Mateo County. I would like to thank the majority of Sheriff Deputies who ignored their Union President D.J. Wozniak’s call to arms to show up in force to intimate the public. I saw very few of the deputies there.

DSA President call to arms

2/11/2019 Committee on Taser Meeting Video

 

By Michael G. Stogner

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Filed under #Blacklivesmatter, #SanMateo, #SanMateoCountyNews, #SMCJUSTICE, 911, Bill Silverfarb, Board of Supervisors, Carlos G. Bolanos, Chinedu Okobi, City of Millbrae, Dave Canepa, Dave Pine, David Burruto, David Silberman, Deputy Alyssa Lorenzatti, Deputy Bryan Watt, Deputy John DeMartini, Deputy Joshua Wang, Don Horsley, Errol Chang R.I.P., Excessive & Unnecessary Use of Force, Gavin Newsom, Governor of California, Grand Jury, John Beiers, John Burris, John Warren, Judicial Misconduct, Kevin Mullins, Marshall Wilson, Michael G. Stogner, Michelle Durand, Mike Callagy, NAACP, Ordinance 04430, Organized Crime, Positional Asphyxia, Prosecutorial Misconduct, R.E.A.C.T. Task Force, Ramsey Saad R.I.P., Regina Islas, RICO, Robert Foucrault, Sabrina Brennan, San Mateo County Clerk to Supervisors, San Mateo County District Attorney Office, San Mateo County Grand Jury, San Mateo County Manager, San Mateo County News, Senator Jerry Hill, Sheriff Carlos G. Bolanos, Silicon Valley, SMC, SMCSO Sgt. Weidner, Steve Wagstaffe, Those Who Matter, Victim's Advocate, Warren Slocum, Whistleblowers, Yanira Serrano Garcia R.I.P.