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SMC Judge Elizabeth Hill, Deny Zain Jaffer Motion to Destroy Records in case 17-NF-012415A

By Michael G. Stogner

Update: from this morning

  • 12/30/2021 Opposition to motion filed Comment
    Opposition to Petition to Seal Arrest
  • 01/03/2022 Motion hearings Original Type
    Motion hearings Judicial Officer
    Hill, Elizabeth M.Hearing Time
    10:00 AM Result
    Held Comment
    PC 851.91 Parties Present Defendant Attorney: OLMOS, DANIEL
  • 01/03/2022 Party appeared by audio and/or video
  • 01/03/2022 Waiver of personal appearance
  • 01/03/2022 Motion granted. Comment
    Moving party: Defense Motion title: Motion to withdraw petition

Today at 10 AM Courtroom 2A the Hon. Judge Elizabeth Hill will preside over a Motion by Attorney Pezhman Pakmeshan to Destroy all records in the Zainali Jaffer case. On December 30, 2021 Opposition to Motion was filed.

Before the Superior Court of California County of San Mateo approves such a Motion, I’m asking that you Correct the Record and Synchronize it with the known Facts. The Odyssey Portal Court Records in the Zainali Jaffer case start with a criminal case being filed on 2/13/2018. The entire DATA from October 15, 2017 until February 13, 2018 is MISSING. That’s 4 months, Who caused that to happen?

Zainali Jaffer was arrested on October 15, 2017 by the Hillsborough Police Department for Attempted Murder of a child (his 3 year old son).

The Official State of California Court Record fails to mention San Mateo County District Attorney Steve Wagstaffe Filed a Criminal Case against Zainali Jaffer on October 17, 2017 and he was arraigned in Court on October 17, 2017. The Attempted Murder of a Child was NOT one of the charges.

The Official Court Records in the Zainali Jaffer case should be preserved until the PUBLIC can be sure there is no corruption in the State of California Courts.

Who is responsible for the DATA in the Odyssey Portal Court Records?

Who has access to that DATA?

I would recommend before ANY Judge rule on this Motion, they view the Hillsborough Police Department’s Body Worn Camera Video of the October 15, 2017 4:00AM arrest. Also check with Town of Hillsborough to see what their position on the Destruction of all records might be.

The last time San Mateo County News.com interviewed Hillsborough Police Chief Mark O’Connor on the Arrest of Zainali Jaffer he said he stands by ALL of the Charges. That includes the Attempted Murder of a Child.

Records should be Studied not Destroyed Article

The Public is invited to attend the San Mateo County Courts in PERSON. That is a Terrible Idea.

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The Zain Jaffer case Records should be Studied not Destroyed.

By Michael G. Stogner

This case should be studied in every Law School in the United States of America.

On Monday January 3, 2022 at 10:00 AM the Hon. Judge Elizabeth M. Hill will hear a Motion to Destroy all of the Records and Body Worn Camera Video from the Hillsborough Police Department. This same motion was on calendar for December 20, 2021 where DDA Sharon Cho informed Judge Barbara Mallach that the District Attorney’s Office had ISSUES with this and filed a Motion to Continue which was Granted.

These Records have been sealed from the very beginning, the Public has never had access to these records. Why? Here is the Very Little information that we do know.

From: Steve Wagstaffe Sent: Wednesday, January 31, 2018 4:01 PM

To: Emily Mibach Subject: People v. Jaffer
Hi Emily,
Here is the description of the testimony by the instructor:
DEFENSE THEN CALLED MARTIN ROMUALDEZ, D’S JIU-JITSU INSTRUCTOR FOR 6 MTHS PRIOR TO INCIDENT, AND THEN CALLED OFC REY. MR. ROMUALDEZ TESTIFIED THAT WHAT HE OBSERVED ON THE BODY CAM FOOTAGES WAS THE DEF PERFORMING A JIU-JITSU MOVE THAT HE HAD BEEN TRAINED IN (ARM BAR/TRIANGLE). MR. ROMUALDEZ ADMITTED HOWEVER THAT IN THE NUMEROUS PRACTICE SESSIONS WHERE D AND HIS SON JOHN DOE WERE INVOLVED THAT D WAS NEVER NAKED, THAT IT DID NOT RESULT IN ANY SCREAMING ON THE PART OF JOHN DOE, THAT JOHN DOE DID NOT APPEAR TO BE IN PAIN, THAT JOHN DOE WAS NEVER INJURED OR TAKEN TO THE HOSPITAL. INSTRUCTOR FURTHER ADMITTED THERE IS NO JIU-JITSU MOVE THAT INVOLVES INSERTING FINGERS INTO ONE’S ANUS OR SELF-STIMULATING IN THAT MANNER, AND THAT THE PRACTICE SESSION S WITH D AND HIS SON NEVER INVOLVED ANY KIND OF TRASH TALK OR LANGUAGE SUCH AS “PUSSY.”

Remember John Doe was Zain Jaffer’s 3 year old son.

Steve Wagstaffe Article e-mail to Media fails to mention his intention to Dismiss Entire Case.

The Odyssey Portal Superior Court Records for People vs. Zainali Jaffer 17NF012415A shows this criminal case was first filed on February 13, 2018. That is 14 days after Steve Wagstaffe’s e-mail to reporter Emily. How does that happen?

Was Steve Wagstaffe’s e-mail to Emily Mibach a Violation of the Court Order to Seal the Preliminary Hearing Transcripts?

Superior Court of California County of San Mateo Website

Click on Search Case Records, Click on Accept, lower right hand corner, Click Odyssey Portal, Click Odyssey Portal No Registration Required, Scroll to bottom, Click Odyssey Public Portal, Click Smart Search, enter 17NF012415A

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Zain Jaffer case should be AUDITED not Destroyed.

By Michael G. Stogner

Upadte: This Motion to Destroy has been continued to January 3, 2022

Today December 20, 2021 at 10:00 AM in Courtroom 2A the Hon Judge Barbara Mallach will rule on a Motion to Destroy all of the records in the People vs. Zainali Jaffer case 17NF012415A. The Public is invited to attend in person.

Who filed the Motion to Destroy all records and Body Worn Camera Video?

I call this the “Magic Case” because of the “Magic Meeting” held on June 7, 2018

Who is speaking for the two Children?

Diminished Capacity is No Excuse for Criminal Conduct

This case should be taught at every law school in the United States of America. NOT Destroyed.

San Mateo County District Attorney’s Office should be audited SMCN.com Article

Note: Karen Guidotti announced she was retiring less than 90 days after the Magic meeting.

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Zain Jaffer, A few more, David Khan, Sandra Harmon Family, Chinedu Okobi Family, Roger Allen Family.

By Michael G. Stogner

Zain Jaffer Wants to Help Others

Zain Jaffer the other day I wrote about you assisting Sheriff Deputy Juan P. Lopez with his 7 year legal defense expenses now over $300,000, and I see that tomorrow David Khan of Daly City has a court appearance in front of Hon. Judge Barbara Mallach in Courtroom 2A at 10:00 AM just like you do. David Khan would be another person I recommend to you for your help. The other three families mentioned above have lost loved ones to Homicides by San Mateo County Law Enforcement. They could use you help against the Government in those cases.

Your prepared statement that you read when your case was Dismissed, July 2, 2018

“I was incredibly fortunate that I was able to defend myself through the legal system, but I am aware that many others are not. Moving forward, I plan on examining ways that I can help others who are innocent and are seeking to obtain justice.”

In the last 3.5 years I have not seen anyone that you have helped or even asked about for that matter.

Thank You, in advance for considering these cases. If interested I have many more cases for you.

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California A.G. Rob Bonta, say something to Judge Barbara Mallach, Zain Jaffer Motion to Destroy BWC Video.

By Michael G. Stogner

Update: This Motion to Destroy Records has been continued to January 3, 2022

Dear Attorney General Rob Bonta,

Please don’t forget Zain Jaffer was arrested by the Hillsborough Police Department on October 15, 2017 for Attempted Murder of a child, There is Body Worn Camera Video.

Tomorrow December 20, 2021 Superior Court of California County of San Mateo in Courtroom 2A at 10:00 AM the Hon. Judge Barbara Mallach has a Motion to Destroy all the records in the Zain Jaffer case 17NF012415A.

Destroying the Records and Evidence is Not in the Public’s Interest.

These records could be very valuable to the wife and children in the future.

Diminished Capacity is No Excuse for Criminal Conduct.

Yahoo/Inbox

  • Karen Guidotti <kguidotti@smcgov.org> To: Michael Stogner Mon, Jul 30, 2018 at 6:39 AM·         
  • The meeting was on Thursday, June 7.·         
  • Deputy District Attorney Sharon Cho, Deputy District Attorney Sean Gallagher and I attended along with the following people from the defense team:  Attorney Patrick Clancy, attorney Daniel Olmos, Dr. Eric Wexler and Dr. George Woods.·         
  • The meeting lasted 1 and ½ hours; Ms. Cho and the defense team remained in the meeting room after Mr. Gallagher and I left.  I do not know how much longer they stayed.·         
  • Yes, we viewed the body camera footage. 
  • From: Michael Stogner [mailto:michaelgstogner@yahoo.com] 
    Sent: Saturday, July 28, 2018 9:02 AM
    To: Karen Guidotti <kguidotti@smcgov.org>
    Subject: Zain Jaffer case Hello Karen, What date did the defense team for Zain Jaffer make the presentation in the District Attorney’s Office? Who attended? How long was that meeting? Were HPD body camera videos looked at or discussed? 
  • Thank You 
  • Michael G. Stogner www.sanmateocountynews.com

I think this case should be preserved and taught in Every Law School in the United States of America.

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Hon. Judge Barbara Mallach, Deny this motion in Zain Jaffer case 17NF012415A, 12/20/2021

By Michael G. Stogner

Zain Jaffer

Update: This Motion to Destroy Records has been Continued to January 3, 2022

I think in the Interest of Fair Play and Level Playing Field, Judge Barbara Mallach should deny this motion for now. The Records are already SEALED, what is the hurry?

Diminished Capacity is no Excuse for Criminal Conduct.

Judge Mallach, I don’t know if this matters to you or not but the Hillsborough Police Chief stands by his Officers arrest including the Attempted Murder charge.

San Mateo County News.com Article

I’m not saying there is any connection here, just Somebody filed this motion to SEAL and DESTROY ARREST & RELATED RECORDS of Zain Jaffer, On November 18, 2021 and 3 days later all courtroom telephone public access got cancelled.

Public Access Policy Updated 11/22/21 – The listen-only public access lines are no longer in effect; proceedings are open to the public to attend in person.

11/18/2021 Petition to Seal and Destroy Arrest Record Filed (PC 851.8) Comment
CR-409 Petition to Seal Arrest & Related Records PC 851.91

12/20/2021 Motion hearings Judicial Officer
Mallach, Barbara J. Hearing Time 10:00 AM

Courtroom 2A

Comment
PC 851.91

The Short list of who wants these records Destroyed is the San Mateo County Government and of course Zain Jaffer and his Defense Team.

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San Mateo County District Attorney Steve Wagstaffe fails to Mention Motion to Dismiss the Entire Zain Jaffer case.

The Zain Jaffer case was dismissed July 2, 2018. That is a fact.

Prosecutions are implicitly limited to district attorneys per California Penal Code § 739, which describes the “duty” of district attorneys to file charges after a judge finds grounds that an offense has been committed. A judge did find that in the Zain Jaffer case.

So what really happened?

San Mateo County should Audit this case and determine if the legal process was followed. He was arrested for Attempted Murder of his 3 year old son, why did that disappear so fast. Did CPS & APS follow protocol?

The decision to dismiss the entire Zain Jaffer case must have been made before this Media Update of Cases of Interest was sent out. What date was it decided to dismiss the case? What date was the motion to dismiss prepared? What date was the motion to dismiss filed with the court? The reason I ask these questions is that Zain Jaffer read a prepared statement in court written before hand by a public relations firm, so they all knew this was going to happen.

COUNTY OF SAN MATEO INTER-DEPARTMENTAL MEMORANDUM 

TO: MEDIA MEMBERS 

FROM: STEPHEN M. WAGSTAFFE, DISTRICT ATTORNEY 

Media Notes For Monday, July 2, 2018 

CASES OF INTEREST IN COURT TODAY 

Peo. v. Zainali Jaffer (2-16-88), Hillsborough Police Department 664- 288.7(B)/288(B)(1)/245(A)(4)/273A(A)-Two Counts/243(B) Misdemeanor October 15, 2017; Defendant Is 29 Year Old Hillsborough Resident And Former CEO Of Mobile Advertising Company “Vungle”; At 3:56AM Sunday Morning Police Were Dispatched To Defendant’s Home In 1000 Block Of Lancaster Road In Hillsborough; They Were Met By Defendant’s Father Who Was Cut And Bleeding In Face From Being Beaten By Defendant; Father Directed Police To Backyard Where Officers Found The Naked Defendant On Top Of And Sexually Assaulting His Three Year Old Son Who Was Screaming; Officers Approached And Defendant Started Choking The Victim With His Legs; The Defendant Ignored Orders To Stop And Kept Choking The Child; Officers Had To Use Taser To Control The Defendant; The Defendant Continued To Resist The Officers And Spat At The Sergeant; The Officers Determined That Defendant Had Also Punched And Struck His One Year Old Daughter As Well As The Three Year Old Son And Beat His Father When The Father Tried To Intervene; 17-NF-012415-A (DDA Sharon K. Cho)
-The case is set at 1:30 in Dept. 9, Criminal Presiding Judge Stephanie G. Garratt, for the pretrial conference. The case is set on August 27, 2018 8:30 for jury trial. This is the third setting of the jury trial date since the superior court arraignment on February 15, 2018. The defendant is out of custody on $300,000 bail bond (posted on October 26, 2017). The defense attorney is Daniel Olmos (retained) and Patrick Clancey (retained). 

Here are the charges minus the Attempted Murder Charge the Hillsborough Police called for.

COUNT 1: PC664/PC288.7(b) (Felony) 

On or about October 15, 2017, in the County of San Mateo, State of California, the crime of Attempted Oral Copulation With Child 10 Years Old Or Younger in violation of PC664/PC288.7(b), a Felony, was committed in that ZAINALI JAFFER being a person 18 years of age or older, did attempt to engage in oral copulation with John Doe (3 years old), a child who was 10 years of age or younger. NOTICE: Conviction of this offense will require you to register pursuant to Penal Code section 290. Willful failure to register is a crime. NOTICE: The above offense is a serious felony within the meaning of Penal Code Section 1192.7(c) and a violent felony within the meaning of Penal Code Section 667.5(c). 

COUNT 2: PC288(b)(1) (Felony) 

On or about October 15, 2017, in the County of San Mateo, State of California, the crime of Forcible Lewd Act Upon Child in violation of PC288(b)(1), a Felony, was committed in that ZAINALI JAFFER did willfully, unlawfully, and lewdly commit a lewd and lascivious act upon or with the body or certain parts or members thereof of John Doe (3 years old), a child under the age of fourteen years, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of the said defendant, ZAINALI JAFFER or the said child, by use of force, violence, duress, menace, or threat of great bodily harm. NOTICE: The above offense is a serious felony within the meaning of Penal Code Section 1192.7(c) and a violent felony within the meaning of Penal Code Section 667.5(c) NOTICE: Conviction of this offense will require you to register pursuant to Penal Code section 290. Willful failure to register is a crime. NOTICE: Conviction of this offense will require the court to order you to submit to a blood test for evidence of antibodies to the probable causative agent of Acquired Immune Deficiency Syndrome (AIDS). Penal Code Section 1202.1. 

COUNT 3: PC245(a)(4) (Felony) 

On or about October 15, 2017, in the County of San Mateo, State of California, the crime of Assault By Means Likely To Produce Great Bodily Injury in violation of PC245(a)(4), a Felony, was committed in that ZAINALI JAFFER did willfully and unlawfully commit an assault on Firoz Jaffer by means of force likely to produce great bodily injury. 

COUNT 4: PC273A(a) (Felony) 

On or about October 15, 2017, in the County of San Mateo, State of California, the crime of Child Abuse in violation of PC273A(a), a Felony, was committed in that ZAINALI JAFFER did willfully and unlawfully, under circumstances likely to produce great bodily harm or death, injure, cause, or permit a child, John Doe (3 years old), to suffer or to be inflicted with unjustifiable physical pain or mental suffering, or, having the care and custody of said child, injure, cause, or permit the person or health of said child to be injured or did willfully cause or permit said child to be placed in such situation that his/her person or health was/were endangered. 

COUNT 5: PC273A(a) (Felony) 

On or about October 15, 2017, in the County of San Mateo, State of California, the crime of Child Abuse in violation of PC273A(a), a Felony, was committed in that ZAINALI JAFFER did willfully and unlawfully, under circumstances likely to produce great bodily harm or death, injure, cause, or permit a child, Jane Doe (1 year old), to suffer or to be inflicted with unjustifiable physical pain or mental suffering, or, having the care and custody of said child, injure, cause, or permit the person or health of said child to be injured or did willfully cause or permit said child to be placed in such situation that his/her person or health was/were endangered. 

COUNT 6: PC243(b) (Misdemeanor) 

On or about October 15, 2017, in the County of San Mateo, State of California, the crime of Battery Upon A Peace Officer in violation of PC243(b), a Misdemeanor, was committed in that ZAINALI JAFFER did willfully and unlawfully use force or violence upon the person of Peter Gould when said defendant, ZAINALI JAFFER, knew or reasonably should have known that said person was a peace officer engaged in the performance of his duties. Pursuant to Penal Code Section 1054.5(b), the People are hereby informally requesting that defendant(s) and his or her attorney provide to the People the discovery required by Penal Code Section 1054.3. This is a continuing request pursuant to the provisions of Penal Code Section 1054.7. 

I declare under penalty of perjury that the foregoing is true and correct except for those things stated on information and belief and those I believe to be true. 

Executed on October 17, 2017, at San Mateo County, California. 

Also here is an e-mail to reporter at the PADP where he is describing a witness from the P.H. Jan. 31, 2018

From: Steve Wagstaffe
Sent: Wednesday, January 31, 2018 4:01 PM To: Emily Mibach
Subject: People v. Jaffer

Hi Emily,

Here is the description of the testimony by the instructor:

DEFENSE THEN CALLED MARTIN ROMUALDEZ, D’S JIU-JITSU INSTRUCTOR FOR 6 MTHS PRIOR TO INCIDENT, AND THEN CALLED OFC REY. MR. ROMUALDEZ TESTIFIED THAT WHAT HE OBSERVED ON THE BODY CAM FOOTAGES WAS THE DEF PERFORMING A JIU-JITSU MOVE THAT HE HAD BEEN TRAINED IN (ARM BAR/TRIANGLE). MR. ROMUALDEZ ADMITTED HOWEVER THAT IN THE NUMEROUS PRACTICE SESSIONS WHERE D AND HIS SON JOHN DOE WERE INVOLVED THAT D WAS NEVER NAKED, THAT IT DID NOT RESULT IN ANY SCREAMING ON THE PART OF JOHN DOE, THAT JOHN DOE DID NOT APPEAR TO BE IN PAIN, THAT JOHN DOE WAS NEVER INJURED OR TAKEN TO THE HOSPITAL. INSTRUCTOR FURTHER ADMITTED THERE IS NO JIU-JITSU MOVE THAT INVOLVES INSERTING FINGERS INTO ONE’S ANUS OR SELF-STIMULATING IN THAT MANNER, AND THAT THE PRACTICE SESSION S WITH D AND HIS SON NEVER INVOLVED ANY KIND OF TRASH TALK OR LANGUAGE SUCH AS “PUSSY.”

San Mateo County should Audit this case and that includes CPS & APS.

By Michael G. Stogner

2 Comments

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San Mateo County’s District Attorney Office needs a Performance Audit. Zain Jaffer case.

Update since this article first published Defense Attorney Patrick Clancy filed a motion to seal the Preliminary Hearing Transcripts of January 31, 2018 Motion granted by supposedly a SMC Judge. I say that because the DA doesn’t know who signed it.

Karen Guidotti <kguidotti@smcgov.org>

To:

Michael Stogner,

Steve Wagstaffe

Sep 4 at 9:02 AM

Mr. Stogner:  I do not know who signed the order.  As you stated, there is no name typed below the signature, and the signature does not clearly show the judge’s name.

Karen Guidotti

From: Michael Stogner [mailto:michaelgstogner@yahoo.com]
Sent: Tuesday, September 04, 2018 8:03 AM
To: Karen Guidotti <kguidotti@smcgov.org>; Steve Wagstaffe <swagstaffe@smcgov.org>
Subject: Name of Judge who sealed PH of Zain Jaffer

Good morning Karen and Steve

Please tell me the name of the judge who signed the Seal order. I am unable to recognize it from my copy.

We have compared it to the entire rooster, It would be nice if the name was printed below the signature.

Thank You

Michael G. Stogner

San Mateo County News.com

Performance Audit conducted in accordance with auditing standards promulgated by the Comptroller General of the United States.

This is not a new idea former Town of Atherton Finance Director John Johns R.I.P. made this recommendation in 2010. It was a good recommendation then and is now.

With the Zain Jaffer x Vungle CEO case 7 felonies including oral copulation of a child and assault of a Hillsborough Police Officer simply disappearing from the legal process after a private meeting between the District Attorney’s Office and Mr. Jaffer’s attorneys.  DA Steve Wagstaffe believed he was guilty of these charges from day one for almost 8 months, right up until the private meeting at the District Attorney”s Office which included a presentation of the entire defense. That is what a trial is for.

Steve Wagstaffe and Karen Guidotti became the Judge and Jury in the Zain Jaffer case.

How many cases in the last 10 years has a Defense Team made a private presentation at the DA’s office?

How many of those presentations resulted in the District Attorney filing a motion to dismiss the entire case?

Judges are the last layer of Oversight for the People of California. When they see a suspicious or questionable motion from the District Attorney’s Office they should not only deny it, they should report it to the State Bar. This motion by Steve Wagstaffe and Karen Guidotti was both suspicious & questionable. Now we just have to find out Why?

Why did Hon. Judge Stephanie Garratt grant the motion to dismiss? There already was a Preliminary Hearing that determined there was enough evidence for every charge to move forward. She could have denied the motion, Wagstaffe could have tested his evidence on the Grand Jury to get an indictment if he thought his case was weak. Instead he choose to dismiss the entire case and Judge Garratt assisted him in that effort.

* Those Who Matter* email from Chief Deputy District Attorney Steve Wagstaffe, he was noticing the residents of San Mateo County that there is a special group of people above the law.

e-mail sent 4/25/07 10:20 AM

Greg and Carlos

Just a quick word of support from me as you go through a difficult time. To those who matter, your decades of outstanding work in law enforcement are all that count and your integrity is not the slightest marked by the modern media’s efforts to make a story out of a non-story. Hard as it is to think it now, remember it will be yesterday’s news and irrelevant by tomorrow.

My positive thoughts are out there for both of you.

Steve

For those readers who don’t know this e-mail was written to San Mateo County Sheriff and UnderSheriff days after they both were caught and detained as Customers of Human Trafficked Sex Slaves including at least one child. April 21, 2007 FBI Sting Operation Dollhouse, Las Vegas Nevada.

The Matthew Graves (also 30 yr. old man) case should be looked at, He was sentenced to 34 years in prison, 4 of those years are for violating a Restraining Order. This should be compared to Mr. David Bohannon being arrested twice by the Menlo Park Police Department. The second time was for violating a Restraining Order, The exact same thing Matthew Graves got 4 years in prison for. The difference is Matthew Graves got charged, tried, convicted and sentenced. Mr. Bohannon no criminal case number filed, no court appearances, no trial, extracted from the legal process.

SMDJ Article Matthews Graves

The Board of Supervisors of San Mateo County should order and pay for the Audit.

San Mateo County Supervisors contact info:

By Michael G. Stogner

5 Comments

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Zain Jaffer Case all charges dismissed by District Attorney Steve Wagstaffe. Why?

Why would Hon. Judge Stephanie Garrett Grant this motion to dismiss? This case had already been to a Preliminary Hearing where evidence was provided to support all charges.

This would be a perfect case to be reviewed by a Citizen’s Oversight Committee.

What did CPS do to protect those two children? Though District Attorney Steve Wagstaffe said the children — who suffered cuts and bruises but no fractures — were allegedly taken into custody by Child Protective Services immediately after the incident, he said their current location is not known by his office.

San Mateo County has a Domestic Violence Protocol signed by all Police Departments was it followed?

Zainali Jaffer case 17NF012415A was arrested in the backyard of his home in Hillsborough October 15, 2017 at 4AM. Police found him fully naked straddling his 3 year old son pressing his face into his genitals. He was Arrested for Attempted Murder (Not Charged Why?) charged with a lewd act ( oral copulation) on one of his children, child abuse and battery on a police officer and emergency personnel. His father who was also assaulted called the police.

Yesterday at the request of Steve Wagstaffe San Mateo County’s District Attorney, Hon. Judge Stephanie Garrett (a former SMCDA prosecutor) granted the motion to dismiss all charges. I don’t think the Hon. Judge Donald Ayoob would have granted this motion.

The Charges that remained up until July 2, 2018:

Charge #1 Attempted Oral Copulation or Sexual Penetration with a Child 10 years of age or younger. PC 664.288.7(b) Felony

Charge #2 Forcible Lewd Act Upon Child, PC288 (b) Felony

Charge #3 Assault by Means Likely to Produce Great Bodily Injury, PC 245 (A) Felony

Charge #4 Assault by Means Likely to Produce Great Bodily Injury, PC 245 (A) Felony

Charge #5 Child Abuse, PC 273 (A) Felony

Charge #6 Child Abuse PC 273 (A) Felony

Charge # 7 Battery Upon a Peace Officer & Designated Person, PC 243 (b) Misdemeanor

DDA Sharon K. Cho 229296 scho@smcgov.org told the court.

“The acts that were charged we would say occurred.” “But that sort of misses the point.” “Because legally we have to ask ourselves what was it that caused those acts, given the information given to us? “We just can’t prove that what resulted was voluntary intoxication versus this was someone suffering from a mental breakdown and some kind of psychosis.”

Is that really true? What were the results from the blood test that morning?

What happened? The DA had the evidence in October 2017 to charge Mr. Jaffer. What changed from that day to yesterday?

The San Mateo County Board of Supervisors should verify that the public’s interest was served in this case especially since it was DISMISSED.

How did all of those charges simply get dismissed? The answer is simple for “Those Who Matter”. The Legal Process was abused, skipped, non existent. Who did this, Steve Wagstaffe and his TEAM. They became the Judge and Jury in this case.

District Attorney Steve Wagstaffe said a team from his office met with Jaffer’s defense counsel for several hours to hear the evidence they planned to use in his defense. Though prosecutors initially thought Jaffer may have been under the influence of LSD, they learned an analysis of the combined effects of medications he was on had not been done and had resulted in behavior of which he was not conscious. Says who?

What date did this meeting take place, who attended, How long did it last?

From: Karen Guidotti [kguidotti@smcgov.org] Sent: Monday, July 30, 2018 5:39 AM
To: Michael Stogner
Subject: RE: Zain Jaffer case 

·  The meeting was on Thursday, June 7.

·  Deputy District Attorney Sharon Cho, Deputy District Attorney Sean Gallagher and I attended along with the following people
from the defense team: Attorney Patrick Clancy, attorney Daniel Olmos, Dr. Eric Wexler and Dr. George Woods.

Wagstaffe said prosecutors including Chief Deputy District Attorney Karen Guidotti, reviewed the evidence in the case, including that presented by police, and decided to dismiss all charges.

The time to REVIEW the Evidence is Before the Preliminary Hearing which was January 1, 2018.

Adverse Reaction to 2 Prescription Drugs prescribed by a Doctor. The District Attorney’s Office is NOW telling the public that Zain Jaffer was UNCONSCIOUS when his body committed all of the alleged crimes including Attempted Murder of his 3 year old son. If this were True it seems like a National Warning would be in order.

Note: These 2 Unidentified Prescription Drugs were not prescribed for his Undiagnosed Bi-Polar mental illness which they now claim he suffers from.

From: Sharon Cho [scho@smcgov.org]
Sent: Monday, July 02, 2018 9:21 PM
To: Stone, Erin
Subject: Re: Quick follow up question re Jaffer 

I don’t believe there is a conflicting statement. The medication was not prescribed for bipolar disorder. According to the defense’s doctor, taking the medication with the underlying bipolar disorder is what caused the adverse reaction. Sharon Cho, DDA
Sexual Assault Unit, San Mateo County DA’s Office 

The Hillsborough Police Officers were wearing Body Cameras and there is video.

Mr. Jaffer was arrested on Oct. 15 at 4AM after his father called police and told them that Jaffer was in the backyard of their home on the 1000 block of Lancaster Road in Hillsborough, abusing his 3-year-old son.

Police found Jaffer in the backyard completely naked, straddling his son, who was crying, according to District Attorney Steve Wagstaffe.

Gizmodo 7/3/2018

According to San Mateo District Attorney Steve Wagstaffe, Jaffer’s father called the police in the middle of the night following a violent altercation with him. When the police arrived, Jaffer was holding his son down and proceeded to grab him in the crotch area.

The DA said that when police arrived, they saw him touching the child inappropriately. Police commanded Jaffer to stop assaulting his child, but he didn’t, and instead began choking the child with his legs around the child’s neck, according to Wagstaffe.

Zain Jaffer’s attorneys are Daniel Olmos of Nolan, Barton, Bradford, Olmos LLP of Palo Alto, and Patrick E. Clancy of Pleasant Hill.

The Savage Nation Podcast 17:45 mark 

S.F. Chronicle 7/19/2018

From: Steve Wagstaffe [swagstaffe@smcgov.org] Sent: Thursday, July 19, 2018 7:26 AM
To: Stone, Erin
CC: Karen Guidotti 

Subject: Zainali Jaffer Case Hi Erin, 

On another and unrelated topic, I wanted to request a correction of a statement made by one of my prosecutors, Deputy District Attorney Sharon Cho, on the Zainali Jaffer case in your article on July 3, 2018 discussing the reasons for the dismissal of the case. You did not misquote her at all, but her statement has been misconstrued by some in the community. This is my requested correction. 

The earlier quotes by Deputy District Attorney Sharon Cho appear to have been misinterpreted by some. We wish to clarify that we do not believe that there was any sexual conduct by Mr. Jaffer that evening and for this reason we dismissed the sexual abuse charges. The physical injury charges were separately dismissed because we believe that the injuries were the result of Mr. Jaffer being in a state of unconsciousness caused by prescription medication. 

Thank you for your consideration of this correction. Steve 

What did CPS Believe?

Welcome to San Mateo County

by Michael G. Stogner

2 Comments

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