Category Archives: Outrageous Government Conduct

San Mateo County Sheriff Sergeant Michael E. Otte Committed Perjury, Why wasn’t he charged? Selective Prosecution.

By Michael G. Stogner

On January 4 and 5, 2017, Hon. Judge Lisa Novak heard a motion to dismiss in People v. Rachel Quintana (No. 16-SM-001677) San Mateo County Sheriff Sergeant Michael E. Otte testified under oath that he did not take a video of the arrest on his cellphone. Another SMCSO Deputy NICHOLAS P. Kostielney on February 2, 2016 Filed a supplemental report after the arrest Kostielney stated that “no cellular telephones possessed any video footage of the incident.” Filing a false police report is a crime.

As it would turn out a person at the arrest took out his cellphone and videoed Sgt. Otte videoing the arrest. Also Judge Novak’s Bailiff came up to her and reported that he had viewed the video Sgt. Otte just lied about under oath. Good Job to the bailiff.

January 20, 2017 at a Judges Meeting, Judge Lisa Novak informed the Court’s Judges that she had made a finding that SMCSO Sergeant Michael E. Otte Perjured Himself.

How many Judges attended the Judge’s Meeting and have known from that moment on that at least two San Mateo County Sheriff Employees committed perjury and did not make sure that the District Attorney’s Office Prosecute them. How many Attorneys at San Mateo County Counsel’s Office know this information. Finally how Supervisors of SMC and their staff know this information.

The D.A.’s office does in fact charge some people with perjury, 4 witnesses in the Sunny Day Murder trials as an example.

Also this relationship that Judge Novak shared should be broken up.

She noted the close relationship between the sheriffs office and the court and cited the need to have an unqualified trust relationship with this partner.

 

Judge are the safety net for the public, The public trust is at stake here they are counting on the judges to no allow Prosecutorial Misconduct, or Law Enforcement Misconduct or Misconduct by County Counsel. Why didn’t Judge Novak report Sheriff Employee to the D.A.?

Note: Michael E. Otte is no longer employed by San Mateo County Sheriff’s Office.

 

 

 

 

 

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Former San Mateo Police Officer Noah Winchester Sentenced to 81 years to life.

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By Michael G. Stogner

Sexually assaulting five women while on duty.

This morning Jan 16, 2020, In San Mateo County Superior Court, 400 County Center Redwood City.
San Mateo County prosecutor Alpana Samant asked for 89 years to life in prison.  The defense asked for 10 years, 8 month state prison.  The Hon. Judge Lisa Novak sentenced Noah White Winchester to 81 years to life in prison.

22 charges were filed against a former San Mateo police officer accused of sexually assaulting five women while on duty.

This is still the big question for parents of Daughters, what do you tell them about interacting with Police Officers. Should they pull over right away if they get lit up or continue driving to a very public location. San Mateo County Law Enforcement and the Supervisors have never addressed this very serious issue. Perhaps they should.

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SMCDA Inspector Gregory Giguiere got it right. 6 Involved Parties Okobi Homicide.

By Michael G. Stogner

San Mateo County Board of Supervisors met in Closed Session yesterday Jan. 14, 2020 to discuss settling the Maureen Okobi vs. San Mateo County and 5 of its 6 Employees case.

Maureen Okobi is the mother Chinedu Okobi who was legally walking down the sidewalk on the Millbrae side of El Camino Real at 1:00PM on Wednesday October 3, 2018. After interacting with SIX San Mateo County Sheriff Employees for 9:10 he was completely Unresponsive. When a monitor was put on him 10 minutes later it was Flatlined. At San Mateo County District Attorney’s Office closed to the public Press Conference on March 1, 2019 Steve Wagstaffe was asked by KQED Reporter Julie Small “What was the Manner of Death?” At that point he confirmed what SMCCO Deputy Coroner Heather Diaz reported in December 2018. Chinedu Okobi’s death was ruled a Homicide.

The only San Mateo County District Attorney Employee to Include SMCSO Employee civilian CSO Joseph Gonzales was SMCDA Inspector Gregory Giguiere 80215

October 3, 2018 2:50PM

San Mateo County Sheriff Sgt. Trickett was the Incident Commander at the scene. He identified the “Involved Parties.”

Involved Parties:

Sergeant David Weidner

Deputy Joshua Wang

Deputy Alyssa Lorenzatti

Deputy John Demartini

Deputy Bryan Watt

Community Service Officer (CSO) Joseph Gonzales

So the question is Who & How many San Mateo County Employees/Elected Officials had knowledge and were involved in the False Narrative of FIVE SMCSO INVOLVED PARTIES.

It’s pretty simple if you are willing to Falsify Police Reports, and produce 3 False Sheriff News Releases (Sheriff Carlos Bolanos & PIO Rosemary Blankswade) Why should the residents of San Mateo County believe anything you say or report?

Video prepared and provided by SMCDA on March 1, 2019

7:21 mark clearly shows CSO Joseph Gonzales spraying O.C. that equals Involved.

Get involved San Mateo County Residents, you are responsible for your elected officials behavior.

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Are SMCDA Inspectors William Massey and John Warren on Administrative Leave during this Alleged Internal Investigation?

By Michael G. Stogner

January 7, 2020 San Mateo Counsel Attorney Joseph Charles filed a Motion to Quash Subpoenas involving San Mateo County District Attorney Office Inspectors William Massey and John Warren. He claimed without offering any evidence to support it that the San Mateo County District Attorney’s Office is investigating itself which as you can imagine if true at the very least is a Terrible Idea when you consider the Conflict of Interest. Attorney Charles refuses to say when the alleged Investigation started, and Who is conducting the investigation if in fact there is one at all. The simple reason I say that is an outside agency should be conducting that investigation to avoid the appearance of a Conflict of Interest. The give away in attorney Charles filing was that the Investigation is

recently commenced, is ongoing, and will not be completed until after the completion of the Defendants underlying criminal trial.”

The Defendant in this case is the forced to retire Sheriff Deputy Juan P. Lopez and the underlying criminal trial has been in the court system for 5 years and 2 months. Most likely will not go to trial till July 2020. The alleged Investigation which has a No End In Site ETA should take a Maximum of 30 days to complete, they have had 73 days to do it so far.

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San Mateo County District Attorney Chief Inspector John Warren

 

San Mateo County Counsel Office asked the Court to seal it’s Motion to Quash Subpoenas. Granted

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San Mateo County District Attorney’s Office Top Two Investigators being Investigated. By Who?

By Michael G. Stogner

This might come as a surprise to the residents of San Mateo County but Attorneys file False Instruments with the Courts every single day, Would the San Mateo County Counsel’s Office do it? Sure it’s possible, lets find out. The District Attorney’s Office had 73 days to Investigate Massey and Warren, why the long delay. Who’s left in the D.A.’s office to conduct an Internal Investigation of the top two anyway?

Update: 1/10/2020 San Mateo County Counsel Attorney Joseph F. Charles appeared and his two clients D.A. Inspectors William Massey and John Warren remained outside the courtroom for several hours. They did not take the witness stand but never the less it was good to see them there. Mr. Charles asked for and got his Motion to Quash Subpoenas filed Jan. 07, 2020 SEALED. Why would he ask for that?

Another attorney (female) from San Mateo Counsel Office representing the Five Sheriff Employees who were there to testify and one unnamed Sheriff Employee involved in a Belmont “incident” while not on duty many years ago, and had nothing to do with Sheriff Deputy Juan P. Lopez ( according to her) was there to make sure the Belmont Police report was not only not made public but that Juan Lopez’s Attorneys could not see it either. The Judge temporarily SEALED it to give the Government time to file a motion to seal.

Note: Attorney David Washington sued the City of Belmont November 13, 2014 for not providing the Police Report involving Sgt. Jason Edward Peardon, I know this because I filed the suit and personally served the City of Belmont Attorney. The PADP did a story on it the next day, the attorney claimed the suit was unnecessary and a phone could have resolved this matter. Within a couple of days the City of Belmont retained a Law Firm across the bay and Never provided the Police Report.

The Statement by San Mateo County Counsel that “Sheriff Sergeant Jason Peardon has nothing to do with the Sheriff Deputy Juan P. Lopez.” case is Laughable, He is the Juan Lopez case. Finally the Belmont Police Report surfaces only to be SEALED.

According to a Motion to Quash Subpoenas filed Jan. 07, 2020 by Deputy Counsel Joseph F. Charles SBN 228456 in Case No. NF433910A former Sheriff Deputy Juan P. Lopez. Mr. Lopez’s next court date is Tomorrow Jan. 09,2020 9:00AM SSF court Hon. Judge Danny Chou.

San Mateo County Counsel John Beiers Office just filed a motion Yesterday Jan. 7, 2020 to Quash Subpoenas for District Attorney’s Office Senior Inspector William Massey and Chief Inspector John Warren to testify tomorrow.

“In response to the October 28, 2019 Citizen Complaint served by Defendant Lopez, the San Mateo County District Attorney Office has commenced an Internal Investigation into  the allegations made by Defendant in his October 28, 2019 Citizen Complaint has recently commenced, is ongoing, and will not be completed until after the completion of the Defendants underlying criminal trial.” This internal investigation subsumes all of the factual issues raised in the Citizen Complaint which include events that transpired as far back as 2015. More importantly Defendant’s criminal trial is likely to reveal the names of witnesses, events, information and additional evidence directly relevant to the District Attorney Office internal investigation into alleged misconduct (and potentially criminal misconduct) allegedly engaged in by law enforcement personnel.

How do they know when x Sheriff Deputy Juan P. Lopez’s underlying criminal trial is going to be completed?

What date was this Investigation opened and Who is conducting it?

Why wasn’t this Investigation opened several years ago when Sheriff Deputy Juan P. Lopez filed a lawsuit with the exact same complaint?

thumbnail-2Senior Inspector John Warren, Lets hope this is on his off time.

Update 5:40 PM 1/8/2020 No response from San Mateo County Counsel John Beiers yet.

Michael Stogner <michaelgstogner@yahoo.com>.   Jan 8 at 11:46 AM

To: John Beiers

Cc: Dave Pine, David Canepa, Don Horsley, Carole Groom, Warren Slocum, Mike Callaghy

Hello John.

I hope you had good Holidays,

I writing a story on the Investigation of San Mateo County District Attorney’s top two Investigators Massey and Warren.

Can you tell me what Date that Investigation was opened?

Also Who is conducting that Investigation.

Thank You

Michael G. Stogner

San Mateo County News.com

San Mateo County Counsel John Beiers waited to respond until the Judge Sealed the Motion to Quash.

John Beiers <jbeiers@smcgov.org>. Jan 10 at 1:57 PM

To: Michael Stogner

Cc: Dave Pine, David Canepa, Don Horsley, Carole Groom,Warren Slocum and 1 more…

Michael:
I hope you also had a good holiday season.
As you may know by now, yesterday the court ordered the Citizen’s Complaint and any information related to it including the DA’s internal investigation, sealed from disclosure as a confidential record.  Therefore, the County is not at liberty to discuss the investigation or answer any questions about it because to do so would violate the court order.

Best,

John

San Mateo County District Attorney Steve Wagstaffe has not responded.

Michael G. Stogner <michaelgstogner@yahoo.com>.   Jan 10 at 7:31 AM

To: Steve Wagstaffe

Hello Steve,

The San Mateo County Counsel has stated that your office is conducting an Investigation of Inspector Massey and Warren.

Can you confirm that?

Who is conducting that Investigation?

What date was that investigation opened?

Thank You

Michael G. Stogner

San Mateo County News.com

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Supervisor Warren Slocum asked to Resign from Verified Voting. Why does he have to be asked?

By Michael G. Stogner
In the last month Verified Voting has had 2 Advisory Board Members (Whistleblowers) Resign. The question I have is why haven’t the other 45 members done the same?
Community election reform activist Brent Turner has been warning San Mateo County and the USA  about the vulnerabilities surrounding election systems. For the past six months Turner has publicly requested Supervisor Slocum step down due to a conflict of interest as Slocum sits on the board of Verified Voting. Turner has for years alleged Verified Voting had ” unclean hands” as a ” consumer watchdog ” as Verifed has business relationship with Microsoft and vendors. Turner originally became familiar with Verified Voting’s and Stanford professor David Dill from Dill’s ability to obtain Federal grant monies. Turner has alleged that Dill and his associates have blocked best election security efforts for personal gain. The following correspondence explains further.
Warren–
As citizens of San Mateo County we are embarrassed by your association with this apparently nefarious activity.

Please consider joining other Verified Voting board members in stepping down from this group.

Brent Turner

I would like to underscore and amplify Mr. Turner’s recent message by urging that all individuals who wish to maintain integrity in elections, who are in positions of leadership or affiliated with Verified Voting, should promptly resign. Before doing so, though, they should immediately move to have the VerifiedVoting.org organization dissolved and the Verified Voting Foundation removed from its 501(c)(3) status.

Everything that Mr. Turner has mentioned about the manner in which I and my company, Notable Software, Inc. were robbed of our share of the NSF ACCURATE grant, including by members of Verified Voting, despite the grantee’s continued and unauthorized use of my intellectual property, both in their funding application and in the naming of the Center, is true and well-documented. 

Please also note certain highlights of the recent Fast Company article, as follows:

Richard DeMillo <https://www.cc.gatech.edu/people/richard-demillo>, a Georgia Tech professor who sat on Verified Voting’s advisory board, and UC Berkeley statistics professor and associate dean Philip Stark <https://www.stat.berkeley.edu/~stark/>, a VV board member, have resigned from the advocacy group, stating that they believe that Verified Voting has been giving election officials false confidence in some voting machines and providing cover for the companies that make and sell these machines.

In DeMillo’s December 1 resignation letter to Barbara Simons (chair of VV’s board of directors), he claimed that “Verified Voting’s policy positions were unpredictable, contradictory, and not aligned with the values I once believed we shared. On more than one occasion, Verified Voting has taken contradictory public stances in the span of a few days, undercutting allies and supporters. The pattern of espousing new positions and making public statements that take local VV stakeholders by surprise is nothing new. Rather than seeking out advice, Verified Voting has gone to great lengths to avoid it.”

With respect to VV’s involvement in a Risk Limiting Audit (RLA) pilot in Georgia, DeMillo claimed that “Verified Voting’s seal of approval for the security theatrics in Bartow County undermines efforts to make elections more accountable. … No audit based on an untrustworthy audit trail can confirm the correctness of the outcome. Billing such an exercise as an RLA and touting it as a proof of security plays into the hands of cynics.”

Stark, who resigned on November 21, accused VV of being on the “wrong side” saying: “Our message to jurisdictions that buy poorly designed, insecure, universal-use BMD [ballot marking device systems] should be, ‘We tried to warn you. You need a better voting system’ … Instead, we’re saying, ‘Don’t worry: VV will teach you to sprinkle magic RLA dust and fantasies about parallel testing on your untrustworthy election. All will be fine; you can use our authority and reputation to silence your critics.'”  [End of Article Summary]

I personally worked side-by-side with some of the members of Verified Voting in the early years. It is to our collective credit, in part, that Voter Verified Paper Ballots (a concept that I promoted extensively, years prior to the formation of VV, and even prior to Bush v. Gore) are now considered the Gold Standard for elections.

Those of you who have, since then, endorsed technologies that promise to undercut the authenticity of these ballots, have put an indelible blemish on your formerly fine work. You should be ashamed of yourselves and embarrassed about what you are doing to endanger voting at this critical time in history, when it is likely that the Impeached US President will be running for re-election. Please leave your egos at the door and dissolve Verified Voting, as it is now as untrustworthy as some of the voting machines and methodologies you have encouraged for adoption. The World Is Watching.

With extreme sincerity,

Rebecca Mercuri, Ph.D.

 

December 1, 2019
Barbara Simons, Chair Verified Voting Board of Directors
Dear Barbara,
It is with profound regret that I resign from the VV Board of Advisors. When you invited me to join the board shortly after the 2016 elections, I agreed for three reasons. First, Verified Voting’s promise to promote policy positions that “are based on scientific evidence and understood best practices in election administration” offered hope in addressing a decade or more of willful neglect of those principles in Georgia. Second, I thought that lending my name to the organization would help in the fight to eliminate vulnerable, unauditable voting machines in Georgia and nationwide. Third, I understood that my voice would be joined with the voices of respected colleagues to be sought out, valued, and debated by the organization’s leadership. However, it soon became apparent that Verified Voting’s policy positions were unpredictable, contradictory, and not aligned with the values I once believed we shared. On more than one occasion, Verified Voting has taken contradictory public stances in the span of a few days, undercutting allies and supporters. The pattern of espousing new positions and making public statements that take local VV stakeholders by surprise is nothing new. Rather than seeking out advice, Verified Voting has gone to great lengths to
avoid it.
I have tried over the last two years to engage in dialog, but you, Marian, and her team have been unwilling to have face to face conversations, even when we are in the same city and sometimes the same building. These apparent disconnects have been seized upon and exploited in Georgia and other states to weaken, not enhance, the cause of accurate and verifiable elections. Although my concerns have been growing for some time now, Verified Voting’s involvement in a “pilot RLA” in Georgia following the recent election makes it impossible to continue as a member of the advisory board. VV issued and supported misleading public statements that those pilots confirm outcomes and even prove the security of new election systems. Verified Voting’s seal of approval for the security theatrics in Bartow County undermines efforts to make elections more accountable. This exercise conducted behind closed doors and billed as a practice run—even if flawlessly conducted—could only confirm the correctness of the tally of the unverified (and therefore possibly corrupted) ballots, not that the ballots tallied were correctly marked. No audit based on an untrustworthy audit trail can confirm the correctness of the outcome. Billing such an exercise as an RLA and touting it as a proof of security plays into the hands of cynics. Whatever benefits accrue from this practice, it does not help public understanding to aid election officials in misstating the results. A similar false claim was made in Pennsylvania the following week. Verified Voting subsequently tweeted a weak repudiation of the incorrect Pennsylvania claim, but let stand an identical incorrect assertion in Georgia. That unrefuted statement will surely be a factor in future litigation. Most recently, Marian’s essay, posted on verifiedvoting.org shortly after Philip Stark’s November 22 resignation from the board, doubled down on these and other expanded claims. It is a short essay, but I count at least nine distinct contradictions of prior Verified Voting statements and published positions. In light of this, the promise to pursue policy positions based on scientific evidence and best practices rings hollow. I can no longer lend my name to Verified Voting. Some, including anti-transparency activists, conflicted supporters of ballot marking devices, politicians trying to silence and intimidate critics, and opponents of evidence-based policy, have already mischaracterized the mainly technical debates within the election integrity community. If they are successful at confusing the public about the correctness of election outcomes in Georgia and elsewhere, I fear it will be in some measure due to the absence of values once embraced by Verified Voting.
Respectfully,
Richard DeMillo Charlotte B. and Roger C. Warren Professor of Computing and Executive Director of the Center for 21st
Century Universities Georgia Tech Atlanta, GA

 

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Political Prosecution Case of former Sheriff Deputy Juan P. Lopez.

By Michael G. Stogner

Outrageous Government Conduct

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Juan P. Lopez

Update: Next Court Date is Jan 9, 2020 9:00AM S.S.F.

Update: Next court date is November 18, 2019 2:00 P.M. Courtroom 8-C Redwood City.

The San Mateo County District Attorney’s Office is not to be Political or used as a Weapon. Tell that to San Mateo County District Attorney Senior Inspector William Massey.

A reasonable person would think that the Five Supervisors (Carole Groom, Don Horsley, Warren Slocum, Dave Pine, David Canepa) of San Mateo County would do everything in their power to assure the PUBLIC that this could NEVER happen on their watch.

A reasonable person would think that San Mateo County Counsel John Beiers and David Silberman would do everything in their power to assure the PUBLIC that this could NEVER happen on their watch.

A reasonable person would think that San Mateo County Manager Mike Callagy would do everything in his power to assure the PUBLIC that this could NEVER happen on his watch.

I know for a fact that all of the above mentioned San Mateo County Leaders are very aware because for the last 20 years I have been keeping them informed. Public comments at the Board of Supervisor meetings, sending them copies of my articles from SMCN.com. This is a Five year case finally soon to be heard by a Jury.

Next Court Date is November 12, 2019, 9:00 AM, 400 County Center Redwood City.

All concerned citizens are welcome to attend as these motions will be heard.

 

Motion to dismiss for Break of Chain of Custody 

Motion to dismiss for Discovery Violations 

Motion of Brady Violations 

Motion of Outrageous Govt. Conduct

 

 

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