Category Archives: #SMCJUSTICE

San Mateo County Close the Courthouse

By Michael G. Stogner

After it became Public Information that one of San Mateo County Prosecutors had tested Positive for COVID-19 as did her husband. Defense Attorney Chuck Smith who had been in the same Courtroom with the Infected Prosecutor said he was informed FIVE days after the fact. I asked District Attorney Steve Wagstaffe if the County was taking the Temperature of everyone before being allowed to enter the 400 County Center Building in Redwood City. The answer was NO.

COVID-19 is a PANDEMIC-NO TREATMENT-NO CURE-NO VACCINE and very few TESTS.

IMG_la-photos-1staff-559_2_1_PE6F0MK3

L.A. Before being allowed to enter a SWAP MEET.

You might ask who is in the 400 County Center Building?

Office of Emergency Services, San Mateo County Manager, San Mateo County Board of Supervisors, All of the Courts, San Mateo County Sheriff’s Office, San Mateo County District Attorney’s Office with over 200 employees, San Mateo County Counsel, all the Judges, but also all the essential workersCITIZENS who are there for JURY DUTY.

Lets have the safety standards at least be equal to a Swap Meet.

Close the 400 County Center Building until you can assure the Public Safety.

SMC Prosecutor COVID-19 Positive

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San Mateo County Prosecutor COVID-19 Positive.

By Michael G. Stogner

As we all know by now, Anybody can get COVID-19, There is No Cure, No Vaccine.

San Mateo County Courthouses should be CLOSED. This is not the first time we have said this. Tempetures should be taken outside before people are allowed in. Currently they are NOT, Why? 

June 19, 2020 A San Mateo County Prosecutor tested Positive for COVID-19 and she notified San Mateo County District Attorney Steve Wagstaffe. According to an article by Aldo Toledo of Bay Area News Group Five days later June 24, 2020 Steve Wagstaffe got around to informing a few people who were exposed.

In response to my question this morning , When did you notify the Sheriff’s Office? D.A. Wagstaffe said “I believe the court, defense attorneys and SO formally learned of the positive result for my staff member two days after we learned of it.  When we learned of the positive result two days earlier, we immediately notified County Health who did the contact tracing process to notify anyone who might have been exposed.”

Were all the potential Jurors informed?

Were all the people who entered the 400 County Center Building June 15-19 notified?

June 16, 2020 the Prosecutor and 15-20 people were in a courtroom for a Preliminary Hearing. Think about who is in a Courtroom, The Judge, Clerk, Court Reporter, Sheriff Deputy Bailiff, Prosecutors, Attorneys for the Defense, Witnesses etc. The Prosecutor moves around the Courtroom and the 400 County Center Building like a butterfly. She also left the courtroom to attend another case in a different courtroom with a new set of people to expose. To get to the other courtroom she passed all the people (Hundreds) in the hall who were there for Jury Selection. She would have also gone to her office before court started where 180 co-workers are based.

Attorney Charles Smith who was one of the many people exposed in that courtroom with the prosecutor that day was informed 5 days after she informed Steve Wagstaffe.

Charles Smith “There is too much secrecy in San Mateo County.” “That’s an issue obviously, considering a lot of us are risking our health going into the Courthouse.”

Everyone who enters the 400 County Center Building is Risking their Health. What is the percentage of air that is recirculating?

 

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Sheriff Carlos G. Bolanos on Oversight System.

By Michael G. Stogner

CarlosG.Bolanos

Sheriff Carlos G. Bolanos

San Mateo County Sheriff Carlos G. Bolanos told the City of San Carlos Leaders “He could not recall an issue justifying spending money on an oversight system.”

Nobody is asking for a System. Carlos G. Bolanos has a history of misleading the public.

Here is just a short list of ISSUES that come to mind.

Sandra Harmon May 05, 2020 Killed by Sheriff Deputies, Deputy Dominguez firing 5 shots at Unarmed with Hands Up above her head. He Bolanos claims she fired her 2 shot shotgun at Dominguez while he was taking cover behind his patrol car which was parked sideways. Not a mark or scratch on the patrol car of the Deputy. He claims Deputy Dominguez did not turn on his Body Worn Camera and that is why there is NO EVIDENCE provided to prove Sandra Harmon fired ANY shots.

At the 8:02-8:08 mark you will see Sandra Harmon Unarmed with hands above her head and you will hear 5 shots being fired at her.

Sheriff Carlos G. Bolanos’s video

February 10, 2020 SAL Executive Director Barbara Bonilla was escorted out of her office and is being investigated for embezzlement. She was Sheriff Bolanos’s Campaign Manager in the 2018 election. She has resigned from the Sheriff’s office since Why? She she hasn’t been charged with any crime. She has been removed from State and National PAL Boards.

September 14, 2019 Redwood City Police arrested SMCSO Sergeant Luis Aquino for DUI and refusing to take both blood and breath test. Sheriff Bolanos and David Silberman refused to provide his Booking photo. San Carlos: An additional $50,000 was also approved for DUI services. 

October 3, 2018 Chinedu V. Okobi Homicide in Custody just like George Floyd, No 911 Call, just a Moorehouse Graduate and father walking on the sidewalk in the middle of the day, No crime committed before Deputy Wang got attracted to him a large Black Man he was dead minutes later.

December 31, 2018 San Mateo County Deputy Heather Diaz Coroner “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’s deputies. March 1, 2019 District Attorney Steve Wagstaffe confirmed it was a Homicide at the very end of his Press Conference where he announced no criminal charges would be filed. KQED, CBS5, and San Mateo County News.com all reported Homicide.

One ISSUE was the many False Statements provided to the Public by Sheriff Carlos G. Bolanos per his News Releases dated October 3, 2018 and March 1, 2019.

June 3, 2014 Yanira Serrano killed by Deputy within 20 seconds of getting out of his patrol car. It was a non emergency 911 call for medical assistance.

2014 Lets not forget what Carlos G. Bolanos and many others have done to destroy former Sherif Deputy Juan P. Lopez since he filed to run for Sheriff of San Mateo County. Smuggling a Cellphone and Drugs to a gang member in Jail. Sure he did, 100% False Charges.

2009/10 San Mateo County Sheriff Male staff 46 of them sharing Porn and Rape video on County Computers.

April 21, 2007 Operation Dollhouse, Las Vegas Nevada

Regarding Citizen Oversight and or an Audit of his work

Sheriff Bolanos said he was open to but felt removed accountability from leaders of organizations. I have no idea what that means

“I believe they’re dysfunctional primarily because you have people who are not experts in certain fields making determination on what is appropriate or not,”

“With me as an elected official the voters have the greatest civilian oversight and can replace me with someone else.”

How would the voters ever know what he is doing or how he is doing it without an Audit.

You can’t possibly manage what you don’t measure.

 

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No mention of Chinedu Okobi’s Murder.

By Michael G. Stogner

635851776884130000

Davina Hurt

As many elected officials in San Mateo County are speaking out about the Murder of George Floyd and what an outrage that was, which it was, I’m curios as to why they never spoke out about the Homicide of Chinedu Okobi by Six San Mateo County Sheriff Employees on October 3, 2018, on El Camino Real, San Bruno/Millbrae. December 31, 2018 San Mateo County Coroners Office ruled the manner of death to be a Homicide same as George Floyd. March 1, 2019 San Mateo County District Attorney Steve Wagstaffe held a Press Conference where he announced no charges would be filed against the 4 Deputies and 1 Sergeant he did not mention the sixth Employee the CSO. He announced that the Coroner of this county labeled Chinedu Okobi’s death a Homicide. How is it that he filed no charges? The SMDJ reporter was sitting in front of me at that meeting where D.A. Wagstaffe said it was a Homicide. Her article the next day left that FACT out of the story.

How is it that a Belmont former Mayor and Councilmember doesn’t mention San Mateo County’s Homicide by Law Enforcement of Chinedu Okobi that occurred less than 2 years ago in her own backyard? Remember there was NO 911 call he was simply a Black man walking on the sidewalk when Deputy Wang got attracted to him.

Her letter in todays SMDJ, A world in transition

Davina Hurt

Mr. Floyd slowly died before our eyes and I cried. Mr. Arbery was hunted on video. Mr. Brooks was shot in the back and Ms. Taylor’s death occurred around the first shelter-in-place orders of COVID-19 in her home. The list is painfully growing.

These murders are shocking. We should be shocked. The circumstances of their deaths are horrifying. We should be horrified. The frequency of these killings captured on film is alarming and seemingly unprecedented.

For the first time in modern history, the entire globe was deeply affected one way or another by Mr. Floyd dying at the hands of individuals paid to protect and serve. We will never know what the man was thinking the moment he held his hand deep in his pocket and pressed his knees in the crease of Mr. Floyd’s neck. He was so calm and confident staring into the camera; the sunglasses on his head never even shifted for a full 8 minutes and 46 seconds. Mr. Floyd painfully knew his fate; he called for his mother and acknowledged out loud, “I am about to die.” What may feel like an “unprecedented” frequency of deaths is nothing new to Black Americans; it is part of our existence. Even in 2020, a sinister belief fought by generations of Black Americans revealed itself unfiltered once again. We are not equals, but presumptively perceived as dangerous, inferior and criminals to some. Our skin color is seen before our humanity.

Although I have given my daughter every social and economic advantage I could afford to help protect her from a lifetime of unconscious bias and cruel racism, the day of reckoning always comes. I wanted to at least protect her youth. I was wrong. My focus should have been on preparing her to change the world, not just her world. It’s my responsibility to show her how it’s done.

So to dismantle the hate and disarm the oppression, I must produce results for all and chip away at exclusionary rhetoric at the local level. I am reminded of this at the beginning of every City Council meeting, where we stand and say the Pledge of Allegiance. There is no lasting path to improving our everyday lives unless we fight for “liberty and justice of all.” The democracy we have inherited is fragile; it fades and it frays. But, it has the resiliency to evolve and embrace; it is worth working hard to nurture and improve. And, we each have a part to play to sustain the improvement. America cannot be owned by one culture, one religion, one language, one idea and one way. We must live as a community working together — loving, living and learning.

The excellence of this nation lies in the ability of individuals to repair its faults. Educate yourself on the lives of others. Demand change of yourself and those around you. Have difficult conversations. Protest in the forum that feels right, but do so safely. Eradicate your own cynicism. Vote. Trust your voice and your actions will make a difference.

As a mayor and member of a city council, I have learned that democracy is slow, incremental and difficult work that requires dividing up a small pie for many people with different tastes and priorities. With the abundance of problems to solve, let’s not be the “10-day nation” MLK feared.

As a leader, as a mother and as a friend, I implore you to continue the fight for justice for each other and for our children. We have the ability to write the next chapter. Standing on the shoulders of our ancestors, we can succeed where many have only dreamed. While I am weary, I am resolved with hope and passion to make this a better world for all. I invite you to join me in this journey.

Davina Hurt is a member of the Belmont City Council and the city’s immediate past mayor.

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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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Menlo Park Police Chief Quits during council meeting.

By Michael G. Stogner

MPPD Chief Dave Bertini

Update: from Almanac Twitter During a town hall meeting Thursday evening to discuss policing in #MenloPark, Housing Commissioner Karen Grove said she’d heard Menlo Park police Chief Dave Bertini use a racial slur in an ethics training.

Menlo Park Police Chief Dave Bertini is taking his Ball and going home.

The Council and Chief of Police were having a discussion on Police Reform.

Councilman Ray Mueller asked him a vague softball question “How the police department can build a better relationship with residents.”

“It is obvious to me that I have lost the trust of council,” Bertini said.

His last day will be July 30, 2020

This is a conversation all City and County Officials in America are starting to have, Let the negotiations begin.

Once you know you have a disgruntled employee its best to take their keys ASAP and Thank them for all they have done for your community, Replace that position in the interim.

MP City Council Contact Mark Melville

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Sandra Harmon R.I.P. shown with Hands above Head being fired upon by SMC Deputies.

By Michael G. Stogner

At least five shots fired at her while unarmed & hands up. 8:03-8:08 Mark

San Mateo County Sheriff Carlos G. Bolanos released a Public Relations Video 45 days after Sandra Harmon was killed by Deputies. The original claim made by Sheriff Balanos was She shot first, Newspapers reported a Shootout which requires bullets going both ways. It would be so simple to prove that release Deputy Dominguez’s Body worn video, his MAV audio from the Dashcam which was right there at the scene. It would have recorded the single or double shot allegedly fired from the shotgun that we see on the ground. That would also answer the question How & When did the Shotgun get on the ground. Did she start the shootout and then lay it down only to be shot at while her hands were in the air?

Sheriff Bolanos tells us that things moved so quickly that Deputy Dominguez was unable to activate his Body Worn Video. That’s unfortunate because that would have confirmed Bolanos’s Story.

Deputy Dominguez Body Worn Video was working just fine from the 3:30-6:29 mark. Sheriff Bolanos claims it wasn’t on less then a minute later. So to recap The Sheriff Office has had 45 days to edited and create a shot fired or shootout as they told the residents of San Mateo County.

Instead they provide a video showing NO Shots Fired by Sandra Harmon and show Deputies firing at an unarmed woman with her hands up.

So far this is OK with the 750,000 residents of San Mateo County

Sheriff Bolanos’s Video

What would you do if you were unarmed hands above your head and Deputies are firing at you from close range? I think a reasonable person would try to defend herself even if the shotgun was not loaded. What choice did she have? Follow more legal orders while they reload?

Sherif Carlos G. Bolanos release all video and audio like you should have 45 days ago.

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SMC Sheriff Edited Video of Sandra Harmon getting killed.

By Michael G. Stogner

Sandra Harmon R.I.P.

San Mateo County Sheriff Carlos G. Bolanos finally releases some highly edited version of what they claim happened. Here is what a reasonable person would not see in this creation.

You do not see the body camera video of the FIRST Deputy who fired at her. You do NOT see Sandra Harmon firing her shotgun period. You do not hear her shotgun being fired.

This is why the residents should demand all videos be released the day of the event. Today 41 days after her death the Sheriff produces Video with no captions of who is shooting, how many shots for each Deputy. Not one Deputy used a lesser force while she was unarmed and several feet from the shotgun.

Carlos G. Bolanos’s Video

Why did Sheriff Bolanos star in this video? When Chinedu Okobi was killed by Six Sheriff Employees on October 3, 2018, Sheriff Bolanos issued two False News Releases with about five false statements, Now he is staring and he knows the Video does Not show her shooting her gun, and how many shots were fired at her and missed when she was unarmed?

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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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San Mateo’s Peaceful Protest, BLM, George Floyd R.I.P. Chinedu V. Okobi R.I.P.

By Michael G. Stogner

Did anybody mention Chinedu V. Okobi’s name that night? He was killed on El Camino Real, in Millbrae in the middle of the afternoon, by six San Mateo County Sheriff Employees on October 3, 2018. San Mateo County Coroner ruled the manner of Death a Homicide on December 31, 2018. Chinedu Okobi had committed No Crime, when Sheriff Deputy Wang became interested in him. Yes Chinedu was a Black man walking on the sidewalk.

Chinedu Okobi and George Floyd were both killed by law enforcement and both deaths ruled a Homicide. The difference is a brave 17 year old girl who videoed the Murder and put it on the internet for the world to see before it could be destroyed or edited.

Police response was at times unnecessarily intimidating,

I knew I wanted to publish this letter as soon as I read it, in my opinion it is addressed to the wrong people, The five Supervisors couldn’t care less what the residents think or feel. It should be addressed to ALL San Mateo County Residents.

Here it is:

Good morning San Mateo City Council Members, San Mateo County Board of Supervisors, Chief Barberini, and Sheriff Bolanos –

On Wednesday evening, June 3, I attended and spoke at the Black Lives Matter Protest in San Mateo. From the moment I walked up to City Hall, witnessed the speeches, and marched from City Hall to the San Mateo Police Department, I was inspired and proud. That is, until SMPD and related police forces showed up unprovoked in masses in riot gear to greet the peaceful protesters. 

Shortly after 7pm, when the protest was scheduled to end, a group of Sheriff vehicles – marked and unmarked – sped down Franklin Parkway towards the hundreds of individuals, families, and children still standing peacefully in the street. As had been specifically planned in coordination with SMPD, the protest was scheduled to end at the San Mateo Police Department with a time of silence and reflection. Instead, when the riot forces began rushing to the scene, people were forced to quickly make way while at the same time fearing what these forces had come to do. I personally witnessed an older gentleman literally jump out of the way of a sheriff car backing up into the driveway. Children were running into the arms of their parents in tears. This as multiple law enforcement officers jumped out of their cars, either dressed in or grabbing full riot gear to don, displaying batons, bright-colored zip tie restraints, rubber bullet guns, and other riot paraphernalia. This was nothing more than an unprovoked, blatant show of force which negated the otherwise positive nature of the demonstration. 

Three of the people standing on Franklin Parkway were me, my husband Rob, and my daughter Kaiya. Prior to this incident, Kaiya had been jumping up and down on the curb, collecting new rocks, and galloping through the street like a horse without a care in the world. This changed in one moment, when she then dove into my arms in hysterics. There have been very few times where I have been so afraid for my life, and never a time when I have been so afraid for the life of my daughter. There is no way to describe what that moment felt like for me, and my 22 month old daughter doesn’t have the words to describe what it was like for her. I’ll never know how much this first real interaction with law enforcement impacted her. 

San Mateo Police Department released a statement indicating there were “additional challenges” and therefore a “supplemental group was deployed.” SMPD further stated, “Fortunately, at no point did these officers, or any other personnel have to employ any use of force and no arrests were made.” That bare statement reflects a generally negative set of expectations for what everyone agreed would be a civil, peaceful demonstration. No mention of the blatant and unnecessary display of force. No recognition of the impact on the peaceful protesters who lined the streets. Could it have been worse? Absolutely. But should we strive to do better? I thought that was the commitment SMPD made in their letter to the community denouncing George Floyd’s death and that was reiterated during the Town Hall earlier this week. Actions speak much louder than words. 

This is not a situation in which you need to wait for other people to determine what happened and why in order to determine right and wrong, and understand the right thing to do. In this letter and in my prior discussions with many of you, I am describing the actions of our local law enforcement, which are not in dispute, and explaining how they were received by attendees including my own family. This is an example of our system functioning as intended, and of your collective complicity. 

No one on our City Council looks like me. To be honest, not many people in our city look like me. I have shared my perspective, as a black woman in our city, as the ONLY current Black Elected Official in our city, and I have been told – subtly or overtly – what every other black person in our country is told – we don’t believe you, and we need to wait for the white men in power to tell us what really happened. 

I can’t remember the last time I’ve been so disappointed. Please know that if you truly stand with Black Lives Matter, actions like these and the insistent failure to acknowledge them directly and seemingly intentionally miss the point. If you believe my life matters, that means you believe me and my experience. You think it is valuable and that my story is ALL you need to denounce these scare tactics, and blatant displays of force.

Councilwoman Lee recently had a rock thrown through her window. She recounted that terrible event from her perspective, she told her story, and action ensued. No one said, we are going to wait until we have all the evidence before we are going to speak out. Why is this experience so different?

I’m asking for two things: 

To the San Mateo City Council and San Mateo County Board of Supervisors, I am asking you to take a stand. To publicly address and denounce these scare tactics and blatant displays of force utilized by law enforcement at the end of the evening. 

To Chief Barberini and Sheriff Bolanos, I am asking for ownership. A lot went well, and you have repeatedly shared that. Own what didn’t go well and make reparations.

Shara Watkins

Remember this was a Successful Peaceful Protest in the middle of a Pandemic. Congratulations to all involved.

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