Category Archives: What day was the Preliminary Hearing held?

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, Making San Mateo County Safer.

By Michael G. Stogner

As some of you know I have been working on Making San Mateo County Safer since 2000. I’ve always thought and I still do that Accurate and Honest Reporting and Data of Court Cases is a MUST in order to Make San Mateo County Safer for the Residents. The Zain Jaffer case is just one simple example I will give today.

Facts: October 15, 2017 4:00 AM Hillsborough, San Mateo County, California Zainali Jaffer 29 was arrested by the Hillsborough Police Department for Attempted Murder of his 3 year old son.

He was never charged with Attempted Murder of a Child, by SMCDA Steve Wagstaffe.

Below is the Odyssey Portals Superior Court of California, County of San Mateo official record of Zain Jaffer’s court case. You will see the case was filed on Febraury 13, 2018. See if you can find the date the Preliminary Hearing was held? Also note this case was DISMISSED on July 2, 2018 that is FAST.

Case Information

17-NF-012415-A | The People of the State of California vs. Zainali Jaffer 

Case Number17-NF-012415-ACourt CriminalFile Date 02/13/2018Case Type InformationCase Status Dismissed

Party

Defendant Jaffer, Zainali

DOBXX/XX/XXXX

Active Attorneys

Lead Attorney

OLMOS, DANIEL

Retained


Attorney

CLANCY, PATRICK E.

Retained


Charge

Charges Jaffer, Zainali

Bond

    Description Statute Level Date
001 PC664/288.7(b)-FEL-Attempted:Oral Copulation Or Sexual Penetration With Child 10 Years Old Or Younge664-288.7(b)Felony10/15/2017
002 PC288(b)(1)-FEL-Forcible Lewd Act Upon Child288(b)(1)Felony10/15/2017
003 PC245(a)(4)-FEL-Assault By Means Likely To Produce Great Bodily Injury245(a)(4)Felony10/15/2017
004 PC245(a)(4)-FEL-Assault By Means Likely To Produce Great Bodily Injury245(a)(4)Felony10/15/2017
005 PC273A(a)-FEL-Child Abuse273A(a)Felony10/15/2017
006 PC273A(a)-FEL-Child Abuse273A(a)Felony10/15/2017
007 PC243(b)-MISD-Battery Upon A Peace Officer And Designated Persons243(b)Misdemeanor10/15/2017
  Bond Type Bond Number Bond Amount Current Bond Status
Surety Bond A3H-0000476$300,000.00Exonerated

Disposition Events

02/15/2018  Plea

Judicial Officer Garratt, Stephanie

001
PC664/288.7(b)-FEL-Attempted:Oral Copulation Or Sexual Penetration With Child 10 Years Old Or Younge
Not Guilty
002
PC288(b)(1)-FEL-Forcible Lewd Act Upon Child
Not Guilty
003
PC245(a)(4)-FEL-Assault By Means Likely To Produce Great Bodily Injury
Not Guilty
004
PC245(a)(4)-FEL-Assault By Means Likely To Produce Great Bodily Injury
Not Guilty
005
PC273A(a)-FEL-Child Abuse
Not Guilty
006
PC273A(a)-FEL-Child Abuse
Not Guilty
007
PC243(b)-MISD-Battery Upon A Peace Officer And Designated Persons
Not Guilty

07/02/2018 Disposition

Judicial OfficerGarratt, Stephanie

001
PC664/288.7(b)-FEL-Attempted:Oral Copulation Or Sexual Penetration With Child 10 Years Old Or Younge
Dismissal: Insufficient Evidence
002
PC288(b)(1)-FEL-Forcible Lewd Act Upon Child
Dismissal: Insufficient Evidence
003
PC245(a)(4)-FEL-Assault By Means Likely To Produce Great Bodily Injury
Dismissal: Insufficient Evidence
004
PC245(a)(4)-FEL-Assault By Means Likely To Produce Great Bodily Injury
Dismissal: Insufficient Evidence
005
PC273A(a)-FEL-Child Abuse
Dismissal: Insufficient Evidence
006
PC273A(a)-FEL-Child Abuse
Dismissal: Insufficient Evidence
007
PC243(b)-MISD-Battery Upon A Peace Officer And Designated Persons
Dismissal: Insufficient Evidence

Events and Hearings

  • 10/26/2017 Bail bond filed

  • 02/13/2018 Efiling – Initial

    02/13/2018 Information Filed

    02/15/2018 Arraignment on Information 

    Judicial Officer Garratt, StephanieHearing Time8:30 AMResultHeld –

    Parties Present

    Defendant: Jaffer, ZainaliAttorney: OLMOS, DANIEL

    02/15/2018 Sealed Document by Order of the Court 

    Comment Preliminary hearing transcript

    02/15/2018 Attorney Specially Appeared: 

    Comment Daniel Almos

    02/15/2018 Arraignment waived on Information

    02/15/2018 Defendant handed preliminary hearing transcript.

    02/15/2018 Time waived for trial.

    02/15/2018 Defendant remains on bail.

    02/15/2018 Defendant ordered to return.

    02/15/2018 Fingerprint Card filed

    03/08/2018 Motion 

    Comment Notice of motion and motion to modify protective order

    03/19/2018 Opposition to motion filed

    03/22/2018 Motion for Modification 

    Judicial Officer Foiles, Robert DHearing Time8:30 AMResult Held –Comment Protective order

    Parties Present

    Defendant: Jaffer, ZainaliAttorney: OLMOS, DANIEL

    03/22/2018 Defendant ordered to return.

    04/09/2018 Pretrial Conference 

    Judicial Officer Garratt, StephanieHearing Time1:30 PMCancel Reason Vacated

    04/12/2018 Further Proceedings 

    Original Type Modification of SentenceJudicial Officer Garratt, StephanieHearing Time8:30 AMResult Held –Comment PROTECTIVE ORDER

    Parties Present

    Defendant: Jaffer, ZainaliAttorney: OLMOS, DANIEL

    04/12/2018 Argument presented by counsel. Matter submitted.

    04/12/2018 Motion denied. 

    Comment Moving party: Defense Motion title: Modification of Protective Order (without prejudice)

    04/12/2018 Previous dates remain as set

    04/12/2018 Defendant ordered to return.

    04/26/2018 Exhibit List Receipt 

    Comment Received by Exhibit Technician.

    04/26/2018 Motion To Continue filed

    05/01/2018 Pretrial Conference 

    Judicial Officer Garratt, StephanieHearing Time1:30 PMResult Continued Party’s motion

    Parties Present

    Defendant: Jaffer, ZainaliAttorney: CLANCY, PATRICK E.

    05/01/2018 Defense attorney appeared for attorney of record. 

    Comment Attorney Present: Patrick Clancy On behalf of attorney: Daniel Olmos

    05/01/2018 Motion granted. 

    Comment Moving party: Defense Motion title: Continue Pretrial & Jury Trial

    05/01/2018 Time continues to be waived.

    05/01/2018 Defendant remains on bail.

    05/01/2018 Defendant ordered to return.

    06/04/2018 Jury Trial 

    Judicial Officer Garratt, StephanieHearing Time8:30 AMCancel Reason Vacated

    06/25/2018 Pretrial Conference 

    Judicial Officer Garratt, StephanieHearing Time1:30 PMResultHeld

    Parties Present

    Defendant: Jaffer, ZainaliAttorney: CLANCY, PATRICK E.

    06/25/2018 Time continues to be waived.

    06/25/2018 Previous dates remain as set

    06/25/2018 Defendant ordered to return.

    06/25/2018 Defendant remains on bail.

    07/02/2018 Pretrial Conference 

    Judicial Officer Garratt, StephanieHearing Time1:30 PMResult Held

    Parties Present

    Defendant: Jaffer, ZainaliAttorney: CLANCY, PATRICK E.

    07/02/2018 Motion granted. 

    Comment PEOPLE’S MTD

    07/02/2018 Confidential Notice of Termination of Protective Order in 

    Comment criminal proceedings filed.

    08/17/2018 Order 

    Comment Application and order directing the release of Exhibits introduced by the defense by the defense to the attorneys for the defense, Patrick Clancy and his associate William P. Daley

    08/27/2018 Jury Trial 

    Judicial Officer Garratt, StephanieHearing Time8:30 AMCancel Reason Vacated

    08/28/2018 Order 

    Comment order sealing preliminary hearing transcripts

    08/29/2018 Order 

    Comment Signed Confirmation of pickup Exhibits

    08/31/2018 Sealed Document by Order of the Court 

    Comment declaration and request for order sealing application and for temporary order sealing transcript

    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 

    Original Type Motion hearingsJudicial Officer Mallach, Barbara J.Hearing Time10:00 AMResult HeldComment PC 851.91

    12/20/2021 Waiver of personal appearance

    12/20/2021 Attorney appeared on behalf of defendant 

    Comment Pezhman Pakmeshan

    12/20/2021 Party appeared by audio and/or video 

    Comment DA & Atty

    12/20/2021 Motion granted. 

  • 01/03/2022 Motion hearings 

    Judicial Officer Crim PJ, –Hearing Time10:00 AMComment PC 851.91

Yesterday DDA Sharon Cho informed Hon. Judge Barbara Mallach that there are some issues and requested this Motion be continued. That motion was granted next court date is January 3, 2022.

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