Category Archives: #prosecutorialmisconductmatters

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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