Category Archives: Mark Church

SMC Sheriff Sgt. Irfan Zaidi Qualifies as a Brady Officer. Is He on the List? Who controls the list? Is there even a List?

The law enforcement profession requires integrity and trust and an officer who lies violates that trust and tarnishes the integrity of the profession.

October 3, 2018 at 1:00 PM Millbrae, California, Chinedu Okoki a 36 year old man was walking down the sidewalk on El Camino Real. Within 10 minutes he was Tasered 7 times, sprayed in the face with O.C. spray as six San Mateo County Sheriff Employees were on top of him. He was completely limp, unconscious, and never made a sound again. He died there on the spot in the Custody of the Sheriff’s Office.

San Mateo County Sheriff Sergeant Zaidi was not one of the Six Sheriff Employees involved in the In-Custody Death of Chinedu Okobi. Nineteen days later, On October 22, 2018 he filed an Official Report with the District Attorney’s Office making knowingly false statements.

” I directed Deputy Lorenzatti to remove the metal handcuffs from the suspect which she did, and the suspect was placed on his back. The Fire Department and AMR promptly began CPR.”

District Attorney Steve Wagstaffe on March 1, 2019 provided a video that he and his Team produced for the public it can be found on his website. The placing Chinedu Okobi on his back and CPR starts at the 18:50 mark. The video shows Deputy Lorenzatti did Not remove the handcuffs.

SMCSO Deputy Lorenzatti made an official statement on 10/04/2018 3:50 PM. to Inspector Eric Suzuki.

“They were like, well let’s get him on his back and start CPR, So then I, you know helped em, bring him to his back.

Question? “Okay and were his Handcuffs off at that point?”

Answer: No they were still on.

Eng. #37 Mazza Statement: “When decedent was lifted onto the gurney, a police officer cadet or trainee removed the Handcuffs from the decedents wrists.”

AMR #94 Retanubun Statement: “They put the decedent on to a “Mega Mover” when noticed the decedent still had handcuffs on.” “Saw police cadet nearby who assisted them with the removal of the Handcuffs.”

AMR #37 Uhland: “So they laid the decedent on his back with the Handcuffs still on his wrists.”

AMR #94 Pham: “Decedent was on his back with Handcuffs on when he arrived.”

AMR #37 Holman: “When they rolled the decedent over to remove the Handcuffs, she noticed several scrapes on his hands and a few small abrasion on his back.” “She was unsure if the injuries were there prior or if caused by the CPR application.”

According to Wagstaffe’ Video, Chinedu Okobi was placed on his back at 18:26 mark.

CPR starts at 18:50 mark with Handcuffs On and Hands behind his back.

Handcuffs Removed at 28:47 mark after almost 10 minutes of Chest Compressions.

What caused Sheriff Sgt. Zaidi to file this Bizarre False Official Statement?

District Attorney Steve Wagstaffe’s Video and Data made public March 1, 2019

LATIMES Article June 6, 2019

Note: 300 Deputies on the list. Sheriff Alex Villanueva, has called the Brady list a “fake list” and says it was the result of corrupt investigations designed to retaliate against certain deputies.

Should deputies’ misconduct be disclosed to D.A.?

Justices seem split on ruling that bars sheriff from giving officers’ names to prosecutors.
By Maura Dolan and Maya Lau
The California Supreme Court appeared divided Wednesday over a ruling that barred the Los Angeles County sheriff from giving prosecutors the names of deputies who have committed misconduct.
During a hearing, the state high court weighed an appeal of a decision that prohibited the sheriff from giving the district attorney the names of deputies with a history of bad behavior, including lying, taking bribes, tampering with evidence, using unreasonable force or engaging in domestic violence.
By law, prosecutors are required to disclose to defendants exculpatory evidence, including information that could diminish the credibility of police officers who worked on a case.
Several justices suggested Wednesday that prosecutors need the information to fulfill their constitutional duty to disclose potentially exonerating information.
That position has been endorsed by defense lawyers, prosecutors and the California attorney general.
Justice Goodwin Liu noted that prosecutors ultimately bear liability for failing to disclose favorable evidence.
If the prosecution is unaware that such evidence exists, convictions — even valid convictions — may eventually be overturned because of a failure to disclose, he said.
“The prosecution can’t take an ostrich-like approach to this very important duty,” Liu said.
But Chief Justice Tani Cantil-Sakauye suggested that the Legislature, not the court, might want to take steps to ensure that exonerating information is disclosed to the defense.
She said one possible remedy was to give trial judges sealed lists of law enforcement officers who have a history of misconduct. The judges could review those lists privately in chambers to determine whether the officers’ records were relevant in the case and should be disclosed.
“Doesn’t delivering the list directly to the court under seal … meet the problem without intruding overtly on the officers’ privacy?” she asked.
Justice Ming W. Chin also repeatedly asked whether that path, if carved out by the Legislature or by the court in a future case, could resolve the problem.
The case before the court stems from a lawsuit filed by the L.A. deputies union to prevent former Sheriff Jim McDonnell from turning over to the district attorney about 300 names of deputies with a history of misconduct.
A divided, Los Angeles-based court of appeal ruled in 2017 that the list must be kept secret, even in pending criminal cases in which errant deputies were expected to testify.
The state high court’s decision, due in 90 days, would affect law enforcement agencies throughout the state.
The case pits the privacy rights of law enforcement officers against the constitutional duty of prosecutors to give the defense evidence that might cast doubt on a defendant’s guilt, reduce a potential sentence or diminish the credibility of prosecution witnesses.
That duty stems from a landmark 1963 U.S. Supreme Court case, Brady vs. Maryland, which said suppression of evidence favorable to the defense violated due process.
At issue is only whether the names can be turned over to prosecutors, not whether they would become public.
But the presence of the names on a list means deputies could be one step closer to having their disciplinary files scrutinized by a judge and their police work called into question during a court proceeding.
Justice Mariano-Florentino Cuellar noted that the constitutional duty to disclose evidence favorable to the defense trumps state law intended to protect the privacy of law enforcement officers. He suggested the court could “harmonize” the laws.
He called the case “very challenging,” but also noted that “the Brady responsibility is on the state.”
Justice Joshua P. Groban expressed skepticism about the union’s legal arguments.
“You are saying as long as we can bar the door and keep the law enforcement agency from sharing that with the prosecution, then there is no Brady violation?” he asked the lawyer for the union.
Justice Carol A. Corrigan noted that officers whose names were on a list would have less privacy protection than others.
But she also said that a state law intended to protect officer privacy while allowing some disclosures may be hindering the release of information a criminal defendant is entitled to under the Constitution.
Under the system in place for four decades, defense attorneys and prosecutors may ask a trial judge to review an officer’s personnel file to determine whether there is evidence that must be disclosed.
But without knowing an officer’s history, a defense lawyer may not be able to persuade the judge to undertake a review.
“There are cases in which legitimate and material evidence is eluding their review,” Corrigan said.
Justice Leondra R. Kruger asked whether there were legal safeguards that could be imposed to protect officer privacy after the names were disclosed to prosecutors.
Aimee Feinberg, representing the state attorney general, said courts could issue protective orders to ensure the officers’ names were shielded from the public.
Geoffrey S. Sheldon, who argued for Los Angeles County, said he felt “good” about how the hearing went.
“I’m cautiously optimistic that we will prevail in the case,” he said.
Judith Posner, representing the union, said she couldn’t predict the outcome.
“There were a lot of interesting and probing questions on both sides,” she said.
Police departments in at least a dozen counties, including San Francisco, Sacramento and Ventura, have had a regular practice of sending prosecutors the names of so-called Brady list officers.
California’s strict laws protecting officer personnel files — which underpinned the appellate court’s ruling for the deputies union — were dramatically altered by a new transparency law that opened up records of confirmed cases of lying and sexual misconduct by officers, as well as shootings and serious uses of force.
SB 1421, which went into effect Jan. 1, allows the public to see many of the documents at issue in the L.A. County sheriff’s case.
But the new law does not apply to the broader range of misconduct that could put an officer on a Brady list, including domestic abuse, sexual harassment, racial discrimination and bribery.
Sheriff Alex Villanueva, who ousted McDonnell in a stunning upset last fall, has called the Brady list a “fake list” and says it was the result of corrupt investigations designed to retaliate against certain deputies.

By Michael G. Stogner

 

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San Mateo County’s Measure W should be audited. It passed by about 500 votes in the last 2 days of counting. DMV

By Michael G. Stogner

As a Private Victim’s Advocate I have personally filed a criminal complaint to both the State of California Attorney General Kamala Harris and San Mateo County District Attorney Steve Wagstaffe & John Warren, then publicly informed Board of Supervisors.

SMCBOS Meeting June 2, 2015 at 19:34 minute mark

The criminal complaint was simple, some person(s) Hacked the State of California’s DMV Data Base. They placed San Mateo County Sheriff Deputy Juan P. Lopez’s confidential and protected drivers license number on another person’s ticket out of Los Angeles area causing him to have a suspended license and about $6,000 expense plus 3 months of no driving. You might have guessed it, neither law enforcement agency had any interest in Investigating the complaint. There lies the problem Oversight of Law Enforcement.

LATIMES today Jan. 6, 2019

DMV under scrutiny in voting glitch
State leaders will assess whether registration errors changed November election results.
By John Myers
SACRAMENTO — Faced with evidence that some voter registration forms weren’t properly filed by California’s Department of Motor Vehicles, state officials will now investigate whether any votes were wrongly rejected and whether the final results in any state or local races should be reconsidered.
Secretary of State Alex Padilla and leaders of the agency that oversees the DMV agreed on Monday to settle a federal lawsuit brought by advocacy groups including the League of Women Voters of California and the American Civil Liberties Union. The settlement, in part, states that Padilla’s office will “take steps to ensure that every vote is counted” if ballots were rejected and will provide “guidance to elections officials in the relevant jurisdiction(s) on how to count the affected ballots and, if appropriate, recertify election results.”
On Dec. 14, DMV officials revealed that staff members had not transmitted voter registration files for 589 people whose applications or updated applications were filled out before the close of registration for the Nov. 6 statewide election. At the time, state officials could not confirm whether any of those voters had been turned away on election day, or if any had cast last-minute provisional ballots that were rejected in the final tally.
Monday’s settlement raises the possibility that a full investigation of the delayed voter registration documents could reveal races in which the outcome might have changed had those voters been allowed to participate.
State officials now have 60 days to complete an investigation into the identity of those voters and why DMV staff members failed to transmit the files in a timely fashion.
The error was the latest in a series of mishaps revealed in the first six months of operation for California’s new automated “motor voter” program, under which DMV customers are registered to vote unless they decline.
“I am committed to working with new leadership at DMV and the new administration to ensure integrity of the motor voter program and accuracy of the data,” Padilla said in a statement Monday night. “This settlement continues to move those efforts forward.”
Padilla’s office said on Tuesday that a preliminary investigation had not found any instances in which voter registration delays would have changed the outcome of a race.
The deadline to register for November’s election was Oct. 22. The records in question either came in before that deadline, or included documents signed and dated before that date. A Dec. 14 letter to Padilla from Jean Shiomoto, who was then DMV director, said the registration records weren’t submitted “due to a misunderstanding on the part of the department, for which we take responsibility.”
Shiomoto retired from state government at the end of 2018. Gov. Gavin Newsom has yet to appoint a new permanent director.
“We continue to actively work with our stakeholders to ensure full transparency for the California motor voter program,” Melissa Figueroa, deputy secretary for communications at the California State Transportation Agency, said in a statement Monday. “As an agency, we are committed to getting this right.”
The settlement, filed Monday in a San Francisco federal court, said that DMV staffers failed to transmit voter registration documents in a timely fashion beginning Oct. 12 and that all documents were held back for the three weeks following election day.
Several other problems were reported just days after state officials launched the DMV’s automated voter registration system in late April.
Those included multiple registration forms sent to counties for the same voter , flawed registrations for 23,000 DMV customers and a limited number of non-U.S. citizens — permanent green-card residents — mistakenly added to the voter rolls.
The agreement to investigate why DMV officials didn’t promptly submit hundreds of voter registration forms “establishes concrete steps that California will take to investigate and improve the DMV voter registration system,” said Melissa Breach, executive director of the League of Women Voters of California.

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Sheriff Deputy Mark Melville Retires

sjm-l-smcsheriff-0603

 

Tomorrow Saturday Jan 12, 2018 will be Deputy Mark Melville last day as a SMCSO Deputy. Now might be a great time to say Thank You to him if you see him on patrol.

Mark recently ran for Sheriff and told every single editor that Carlos Bolanos is a Liar. Had any of them published that statement he would be the Sheriff of San Mateo County today. Talk about influencing an election.

KQED Mark Melville calls boss Carlos G. Bolanos a Liar

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San Mateo County Snake Oil, Cures All That Ails You. Come Get Some!

 

screen shot 2019-01-05 at 10.39.27 am

For over a year there was a pattern of police use of force deaths, in San Mateo County. This pattern culminated, in the October 3, 2018 Millbrae death of 36 year old pedestrian Chinedu Okobi.

Despite what would appear to any reasonably objective observer, an escalating body count, Mr Wagstaffe, as District Attorney, did nothing to address / curb the situation. And now, his administration is seemingly poised to render a decision blaming Okobi’s death, on something other than the unnecessary & excessive use of force by officers. This is a familiar pattern with DA Steve Wagstaffe, with his having blamed previous deaths on the decedents -their respective acts & medical conditions.

Most recently, he went on television saying he was not going to speculate on the Okobi case, that he had to get all the facts, before rendering a decision on the matter. Yet, instead of keeping his word, he went on camera and questioned the product liability aspect of Tasers, a device repeatedly used by officers, in their confrontation of Okobi .

Mr. Wagstaffe ignored a year long prologue of police use of force deaths, in his very jurisdiction. And then he told us he was not going to release videos, in his possession, ones which depict exactly what had happened, in the most recent death, that of Mr. Okobi.

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Chinedu Valentine Okobi

Just as his office had excluded two African American’s from serving on the jury in the Tracey Biletnikoff murder case, a matter in which he had been criticized by the appellate court. This was a Murder Conviction reversed because of Wagstaffe’s behavior. “During jury selection, the prosecutor, Stephen Wagstaffe, peremptorily struck the only two African-American members of the jury pool… We hold that a comparative juror analysis, in combination with other facts in the record, demonstrates that the prosecutor’s purported race-neutral reasons for striking at least one of the jurors were pretexts for racial discrimination.”

He now says he is not going to release the videos and audio recordings of Chinedu’s murder to the public, his employers, so that they can see them.

The People do not need an interpreter, to understand what they are seeing for themselves, Mr. Wagstaffe.

Okobi’s mother and sister were shown the videos and audio recordings, and here is what his sister, Ebele, said about them:

It’s readily apparent you are struggling to shoehorn your narrative of what occurred with the facts and, in so doing, you have passed the rubicon of truthfulness, leaving honesty & integrity behind, and entering a sea of deception -familiar territory for yourself, a directed or desired outcome.

The taint and stench you and your cadre have brought to the office of district attorney is palpable and, I submit, can not be removed, without your & their removal.

Felony fraud resulting in the diversion of over 2 million dollars of public monies being characterized by your office as sloppy accounting practices, at San Mateo County Transit, is but one / just one example of DA Wagstaffe’s aversion to the truth. False debits are not errors or sloppy accounting, Steve, they are intentional criminal acts.

Here is the letter from Albert Serrato falsely declaring that no crimes were committed in the SamTrans fraud brought by 3 whistleblowers, who were accountants and risked and lost their own jobs.

The bias you have demonstrated, when it comes to Sheriff Carlos Bolanos and former Sheriff Greg Munks, excusing their abhorrent behavior & giving them a pass, when they were detained by Las Vegas metropolitan police and the FBI, in a human trafficking investigation, one in which they had gone to a home being used as a whorehouse in a rundown residential neighborhood with Asian indentured sex-slaves, at least one of whom was a minor, and a cache (3,500 tablets) of illegal ecstasy drugs, is reprehensible and not in keeping with the public’s trust, Steve.

In that unguarded moment, in what you thought would be a confidential email to the duo, you expressed your support and consoled the two that the matter would soon pass and become yesterday’s news. This provides a rare glimpse into the flawed (real) character & thinking of who is District Attorney Steve Wagstaffe.

Here are those emails, #ThoseWhoMatter:

emails&literature

The fact that Okobi’s killers are back at work, armed, with unfeathered contact with the public & custodies alike, is testament to the fact DA Wagstaffe has cleared them and communicated this information to Sheriff Bolanos. Yet he is still massaging his findings to the public, delaying what he has obviously determined -that the officers’ use of force resulting in Okobi’s death was justified (reasonable) and that he and his office are going to do nothing about it, giving them a pass.

You are a snake oil salesman, Steve, selling the public adultered versions of the truth and being a shill for morally corrupt county officials. Release the videos, so we can see just how much!

If you as the reader are asking, “How on Earth is Steve Wagstaffe still the District Attorney of San Mateo County.” You are on the right track. The short answer is that you are responsible for him being there. He can only be recalled or voted out. He has full immunity for anything he does.

By Michael G. Stogner

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“Those Who Matter”against Quality of Life in San Mateo County.

Whenever I see these four people and a small group of their friends and supporters I can’t help but think of my father John Donald Stogner aka Tex. He was an average guy who worked 6 days a week 12 hours a day to support his wife and 4 children. He was in the grocery store business for 38 years. He had no time or interest in politics, he voted every election, my mother worked at the polls every year. Neither one of them suspected that elected officials would spend taxpayer money against them in order to promote or pass a tax measure that would harm them or the business my father earned his living from.

In this video you will see 4 people who were instrumental in the Yes on Measure W campaign, not shown is SamTrans CEO Jim Hartnett husband of Rosanne Faust who claims a victory in getting the message out and beating the opposition which there was none. The opposition would be people like my mother and father hard working people just trying to get by. Rosanne does not mention the $650,000 of taxpayer money her husband spent on Educational Outreach Programs involving 501-C organizations. When you add the $1,100,000 that she raised thats $1,750,000 vs. the $5,700 a few brave individuals put together for the No on W campaign. Note the Yes on W supporters are the people that receive the taxpayer money and the No on W are the people stuck with paying it.

San Mateo County Elected Officials have been misleading the residents for many years. The 2012 SMC Grad Jury warned the residents of it “Inconvenient Truth” They are spending taxpayer money hiring word-crafting consultants, and conspiring to place tax measures on the ballots again using taxpayer money to make sure it will pass if put on the ballots. You will notice the Yes on W Team can’t name one citizen that came before the San Mateo County Board of Supervisors, and asked Please place another 1/2 cent sales tax on the ballot to make SMC even more expensive to live in.

It will be interesting to see the communications e-mails, memos, letters, between the power players of San Mateo County that caused Measure W to be created in the first place, funded and passed by less than 500 votes in the last 2 days of a long count.

San Mateo County has a new e-mail destruction policy I have written about starting February 1, 2019. I wonder why?

SMCN.com Article County deleting e-mails

THE GAME

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Greg Conlon to Supervisors, Fund the recount of Measure W.

December 11, 2018 San Mateo County Board of Supervisor Meeting, Public comment.

 

December 4, 2018 Supervisor Meeting, Heinz Puschendorf, Fund the recount.

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Why SMC Supervisors should pay for the recount of Measure W.

 

 

 

August 8, 2017 the Supervisors gave $350,000 of taxpayer money to Jim Hartnett to pay for the behind the scenes Outreach Consultants to work against the taxpayers.

See if the title for Agenda item 4 sounds honest: Study Session Regarding Transportation Obstacles, Opportunities, and Needs. The reason I ask is the Grand Jury reported the Supervisors mislead the residents to pass Measure A in 2102.

2012 Grand Jury Report

August 8, 2017 BOS meeting click on #4,7

Heinz Puschendorf requesting the recount of Measure W

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