Category Archives: #prosecutorialmisconductmatters

San Mateo County District Attorney Steve Wagstaffe. “We Just Don’t Know”

By Michael G. Stogner

September 15, 2020 City of Half Moon Bay 6 PM Special Meeting by ZOOM.

District Attorney said “We Just don’t Know.”

That was his answer to Who fired first. You would expect he of all people would know EXACTLY who fired first. Sheriff Carlos G. Bolanos and PIO Rosemerry Blankswade and many others have all said Sandra L. Harmon fired her Shotgun at Deputy Dominguez first.

Just because somebody says something is true doesn’t mean that it is.

The Same is true for CAPTIONS, below photo is a perfect example. “Harmon appeared to hold her arms up.” The fact is the photo shows she is Unarmed and her hands a clearly above her Head. It goes on {appeared to extend both middle fingers at involved Deputy Baba. There is ZERO mention of the Five Shots being fired at her at this very moment.

A good question for the City Managers and Council to ask Sheriff Carlos G. Bolanos, PIO Rosemerry Blankswade, and Captain Saul Lopez is What are the names of every person involved in the Wordcrafting of the Captions in this video.

The footage from deputy Dominguez’s body camera, which was turned off in what was reportedly a moment of oversight. What does that even mean?

The AXON INC. Log records will tell the Public if and when Deputy Dominguez actually turned off his Body Worn Camera. At this moment we only have Words and Captions by Sheriff Carlos G. Bolanos, his PIO, Steve Wagstaffe etc. No Evidence

This is from the HMBR article September 16, 2020 by Vanessa Ochavillo. “There were three volleys of shots fired, Wagstaffe explained. And while he was fairly confident about the course of events on the second and third volleys, the first remains a mystery. The footage from deputy Dominguez’s body camera, which was turned off in what was reportedly a moment of oversight, could have helped answer the question of who fired first.”

“We just don’t know,” he said.

If you don’t know who fired first, and you don’t know if Sandra L. Harmon fired any shot or shots at all, this has gone from a Shootout to possibly an Execution. Not one Shotgun Pellet recovered for the Crime Scene.The Family and Residents of San Mateo County deserve to know the truth.

That is exactly why the Attorney General of the State of California must Investigate this Homicide.

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Evidence vs. Words/Captions.

By Michael G. Stogner

September 15, 2020 Half Moon Bay City Council voted 5-0 in favor of contacting the Attorney General of the State of California to request an Independent Criminal Investigation in the Sandra L. Harmon In-Custody Death by San Mateo County Sheriff Deputies.

District Attorney Steve Wagstaffe attended the Zoom meeting and explained his findings that the Deputies behavior was lawful.

Just because somebody says something is true doesn’t mean that it is.

The public and especially elected officials want to believe Sheriff Carlos G. Bolanos his Public Information Officer Rosemerry Blankeswade, District Attorney Steve Wagstaffe, and several Attorneys at the SMC County Counsel Office. The idea that they would deliberately mislead the public is just to much for the average citizen/resident to deal with.

I would offer the x San Mateo County Sheriff Deputy Juan P. Lopez criminal case (6 years this November) as a perfect example of what they are capable of doing.

Last night during the public comment time members of the public were able to communicate what they have discovered with their very limited resources. Here are just a few of the take aways.

There is no Evidence of a Shootout.

There is no Evidence the District Attorneys Office has that Sandra L. Harmon fired the Shotgun at all.

Not one Shotgun Pellet was recovered from the Crime Scene the night of May 5, 2020. Thats with over 30 people at the crime scene that night. No damage to the Patrol Vehicle just feet away, or damage anywhere for that matter.

There is no Evidence (yet) that Sheriff Deputy Dominguez turned off his AXON Body Worn Camera. Simply words and captions that he did. The AXON Log File which to this day has not been made available to the public.

Congratulations to the entire Half Moon Bay City Council for last nights vote. This is a Great first step in Oversight of Law Enforcement in San Mateo County. I was Grateful to hear Yanira Serrano-Garcia’s name mentioned last night her case and Sandra Harmon case have many similarities of misleading and false statements by Law Enforcement.

I would recommend the City Council of Millbrae do the same for the Chinedu V. Okobi Homicide by Six San Mateo County Sheriff Employees October 3, 2018. It’s not to late. Look at what they didn’t do for 9 minutes after they sat him up on El Camino Real.

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X San Mateo County Sheriff Activities League Executive Director Barbara Bonilla, Investigated for Embezzlement & Money Laundering.

By Michael G. Stogner

There is no question Barbara Bonilla stole a lot of money from SAL. The question for San Mateo County Residents is so what, Who is going to do anything about it? You can already tell how this is playing out. Nobody said a word until it was finally written about.

Barbara Bonilla was also the former campaign manager for Carlos G. Bolanos for Sheriff 2018. I first reported that she was on Administrative Leave in an article dated February 28, 2020. Now thanks to another Concerned Citizen named John Ullom we have a much clearer picture of what has been taken place behind the scenes of Law Enforcement in California. Today I have asked the Sheriff of San Mateo County Carlos G. Bolanos if he would answers a few simple questions, He has refused to answer so far, I will publish if and when he responds.

To Sheriff Carlos G. Bolanos & PIO Rosemerry Blankswade,              August 14, 2020

Hello Sheriff Bolanos, and Rosemerry Blankswade,
Can you tell me What agency escorted Barbara Bonilla out of her Office at SAL and what date did that action happen?
What date did she resign from the San Mateo County Sheriff’s Office?
Is the Investigation by Sgt Michael Leishman completed and if so what date was it completed and what was his recommendation?
Has she been arrested or charged yet?
Thank You
Michael G. Stogner
San Mateo County News.com
To my knowledge Barbara Bonilla has not been charged with any crime and she has not been arrested, which makes her resigning from the SMC Sheriff’s Office in May even more questionable.
The DOJ has been conducting the criminal Investigation and San Mateo County Sheriff Sgt. Michael Leishman has been conducting some type of Internal Investigation most likely not criminal.
I do know that a Search Warrant and hopefully an arrest was expected on April 2, 2020. As of today there is NO Official Statement from the DOJ. Another interesting point is the Fact that SAL has Never been Audited. That is a terrible idea. Another terrible idea is how many Sheriff Employees were involved in this investigation. District Attorney Steve Wagstaffe recused himself and his office because he is on the Board of Directors of SAL.
Now we wait to see what the DOJ is going to do. Remember Barbara Bonilla is not charged with any crime and has not been arrested. It’s been 7 months.

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SMC District Attorney Steve Wagstaffe says Nice words about George Floyd’s Murder & Racism.

By Michael G. Stogner

Steve-Wagstaffe

D.A. Stephen M. Wagstaffe

Condemnation Racism And Bigotry

As District Attorney of San Mateo County, I join the other District Attorneys in California in condemning the senseless death of George Floyd in Minneapolis. I extend condolences to the family of George Floyd and to the communities across this nation that are in mourning over Mr. Floyd’s death. As a society, we must bring an end to bigotry and racism in our country, and it is the solemn responsibility of all government leaders and every member of the criminal justice system to achieve this goal. The citizens of this country cannot rest until we bring an end to racial inequity and racism in our country. After 43 years as a prosecutor in San Mateo County, it saddens me that shocking events such as Mr. Floyd’s death and the violence that followed continue to occur. We will continue to collaborate with San Mateo County law enforcement agencies to train their officers to insure proper and lawful conduct by officers and to appropriately investigate any conduct that violates the law. Every member of the San Mateo County District Attorney’s Office will resolutely continue to seek justice and fairness in our criminal justice system. To this end, I have signed the attached statement of the California District Attorneys Association issued this past weekend condemning racism and bigotry. I hope and pray the principles enunciated in this statement may soon be achieved.

 

Stephen M. Wagstaffe
District Attorney

 

The Prosecutor the Judges are talking about below is Stephen M. Wagstaffe “his ulterior motive was race-based.”

[22] But Jefferson was not the only African-American the prosecutor peremptorily challenged. He also struck the only other African-American potential juror, and, in so doing, pro- vided several pretextual explanations for that strike. In light of this additional strike, the prosecutor’s proffer of two ques- tionable explanations for his strike of Jefferson take on a sig- nificance that they might otherwise lack. See Lewis v. Lewis, 321 F.3d 824, 831 (9th Cir. 2003) (“The proffer of various faulty reasons and only one or two otherwise adequate rea- sons, may undermine the prosecutor’s credibility to such an extent that a court should sustain a Batson challenge.”). At a minimum, these dubious explanations reaffirm our conclusion that the prosecutor’s actual reason for striking M.C. differed from those that he asserted and that his ulterior motive was race-based. See Kesser, 465 F.3d at 369 (“The prosecutor’s willingness to make up nonracial reasons for striking [three minority jurors] makes it even harder to believe that his rea- sons for striking [a fourth juror] were race-neutral.”).

IV. Conclusion

[23] 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 pur- poseful 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 evi- dence presented in the state court proceedings. See 28 U.S.C. § 2254(d)(2). We therefore reverse the judgment of the dis- trict 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.

REVERSED and REMANDED.

Ali vs. Hickman

Matthew Graves case in another clear example.

Chinedu Okobi Sheriff In-Custody Death was ruled a Homicide by the Coroner on December 31, 2018 on March 1, 2019 Steve Wagstaffe announced he was not charging any of the SIX County Employees.

It is easy for Politicians to say Nice words, pay attention to their actions,

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San Mateo Mayor Joe Goethals Transparency?

By Michael G. Stogner

San Mateo Mayor Joe Goethals last day working for the San Mateo County District Attorney’s Office was May 1, 2020 according the D.A. Steve Wagstaffe.

RE: Joe Goethals


Stephen Wagstaffe <swagstaffe@smcgov.org>To:
Michael Stogner Tue, Jun 9 at 11:28 AM

Good morning Michael,
 
Joe Goethals is not employed at this office and his last day of employment was on Friday, May 1, 2020.
 
Thank you.
 
Steve
 

From: Michael Stogner <michaelgstogner@yahoo.com

Sent: Tuesday, June 9, 2020 11:25 AM

To: Stephen Wagstaffe <swagstaffe@smcgov.org>

Subject: Joe Goethals


 
CAUTION: This email originated from outside of San Mateo County. Unless you recognize the sender’s email address and know the content is safe, do not click links, open attachments or reply.
 

Hello Steve,

Can you tell me if Joe Goethals is still employed by your office and if not what was his last date of employment?

Thank You

Michael

San Mateo County News.com

The City website shows he is still prosecutor at the D.A.’s Office.

Mayor Joe Goethals is a life-long resident of San Mateo. Joe was elected in November 2013, was re-elected in 2017 and is currently serving his second term. He works as a prosecutor in the San Mateo County District Attorney’s Office. Joe served on the Public Works Commission 2010-2013, and was serving as the Chair of the Public Works Commission when he was elected. Joe also has a Master’s degree in Public Health and he served on the Peninsula Health Care District Board prior to being elected to the City Council. 

City of San Mateo website today

The residents of San Mateo have a right to know why he has not disclosed his departure from the San Mateo County District Attorney’s Office 45 days ago. Did all the council members know of his status? Is he working for another D.A.’s office? What was the reason he is no longer working there?

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Chinedu Okobi’s Death was a Homicide. Same as George Floyd.

By Michael G. Stogner

Chinedu Valentine Okobi

March 1, 2019 San Mateo County District Attorney Steve Wagstaffe confirms Chinedu Okobi’s death was a Homicide. 47:30 mark.

A reasonable person would ask why the Six Sheriff Employees were not arrested and charged? In George Floyd’s Homicide all Officers were fired and criminally charged.

I’m not surprised the residents of San Mateo County don’t know this information, Reporter Anna Schuessler sat in front of me at the press conference and heard as we all did it was a Homicide. Her article the next left out the most important word in the story Homicide for some reason. Thats 84,000 readers that were not informed.

Deputies cleared: Taser death decision likely trailed by lawsuit, pledge to use medical equipment

By Anna Schuessler Daily Journal staff Mar 2, 2019 

The Residents of San Mateo County should get a second opinion from the A.G.

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No Confidence in SMCDA Chief Inspector John Warren

By. Michael G, Stogner

San Mateo County District Attorney Chief Inspector John Warren

He is in-charge of the Investigation of Sandra Harmon death by San Mateo County Sheriff Deputy John Baba and Deputy David Dominguez on May 5, 2020 just off of Main Street Half Moon Bay.

He was also the in-charge of the Yanira Serrano-Garcia death by Deputy Investigation June 3, 2014 also Half Moon Bay.

He was also SMCDA Inspector Jamie Draper’s Supervisor and he approved this Conclusion Summary of the Coroner’s Report in the Chinedu Okobi Death by Six San Mateo County Sheriff Employees on October 3, 2018.

He doesn’t mention the word Homicide. Jamie Draper says it should be noted that this information is contrary. NO IT ISN’T Deputy Coroner Heather Diaz is 100% correct.
“I have determined the manner of death to be Homicide.”
“HOMICIDE PROTOCOL” 36-year old male involved in a physical altercation with San Mateo County Sheriff Deputies

Both Inspectors of San Mateo County District Attorney’s Office thought that Omitting the word Homicide and a deliberately misleading statement was fine.

That is why I have No Confidence in either one of them. I also think it is a criminal act to provide a false report in what should have been a Homicide Investigation.

San Mateo County should release the MAV videos and audio recordings of the death of Sandra Harmon, they should have done it the first day.

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Supervisor Don Horsley Embarrassed and Ashamed.Why?

By Michael G. Stogner

Supervisor Don Horsley

San Mateo County Board of Supervisor meeting June 2, 2020 at the 40:10 mark, Supervisor Horsley said “My reaction as somebody who was in Law Enforcement when I saw that Murder of George Floyd I was embarrassed & ashamed.” He went on to say. “I’m not going to bash Law Enforcement.”

BOS meeting June 2, 2020

I have personally asked former School Teacher and Sheriff now Supervisor Don Horsley if he has watched the video of Chinedu V. Okobi’s Homicide by Six San Mateo County Sheriff Employees on October 3, 2018. He has refused to answer my question.

Video created by SMC Government made public 5 months after Homicide

You will notice the Government does not mention the word Homicide. They have known it was a Homicide since Deputy Coroner Heather Diaz determined the Manner of Death to be Homicide on December 31, 2018

“HOMICIDE PROTOCOL” 36-year old male involved in a physical altercation with San Mateo County Deputies.

Supervisor Don Horsley has a long history of saying words that are not consistent with the truth/reality. That includes under oath, August 2, 2004 a Federal Hearing held in San Mateo, California.

The residents of San Mateo County should have the Attorney General of California give a second opinion on the Six Sheriff Employees, Homicide of Chinedu Okobi.

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