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Federal Government should Investigate.

Letter to Editor

I am a San Mateo County citizen, resident and taxpayer.

San Mateo County should not investigate the 10 million dollars worth of P.P.E. / Protective Personal Equipment that was damaged by negligence, boxes outside for several months not protected from the elements or persons. I am grateful that this story was reported by ABC / KGO TV. The Federal government should be the agency that investigates the wrongdoing of San Mateo County, and the San Mateo County Manager Mike Callagy.

Sincerely,

Mark De Paula

San Mateo, California

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$10M PPE, San Mateo County Investigating Itself again. Bad Idea.

By Michael G. Stogner

The Residents, Elected Officials and Candidates are fine with that.

Most recently San Mateo County Sheriff Carlos G. Bolanos, SMCSO Captain Christina Corpus, and Retired Sgt. Jeffrey Kearnan Investigated the Sheriff’s Activity League Embezzlement and Money Laundering that involved several people and hundreds of thousands of dollars.

photo by Dan Noyes

San Mateo County News.com is going on the record to say that San Mateo County Manager Mike Callagy is the last person that should be involved in the Investigation of the reported $10,000,000 of Personal Protective Equipment PPE that was stored outside on the San Mateo County Event Centers property for more than three months. County Manager Mike Callagy is RESPONSIBLE.

A reasonable person would would know “He can not Investigate Himself” but don’t forget this is San Mateo County where the residents are fine with the Conflict of Interest, and “Those Who Matter.”

Congresswoman Jackie Speier said the Obvious. “It has to be investigated.”

What she did not say is by who?

So for now it’s early since this story was reported by Dan Noyes, the amount is $10,000,000.

It involves Federal Money.

It involves PPE not cleaning supplies.

It involves Brand New PPE not Surplus.

The cause of this damage is Negligence, Not California Rain.

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Six4Three vs. Facebook in Court today.

By Michael G. Stogner

CIV533328 | SIX4THREE, LLC, A DELAWARE LIMITED LIABILITY COMPANY vs FACEBOOK, INC, A DELAWARE CORPORATION

Today 2 P.M. Courtroom 2J

If you think you are going to sue Facebook. I recommend you pack a lunch, this is going to take awhile. This case was filed in 2015.

01/07/2022 Complex Case Management Conference

Original Type
Complex Case Management Conference

Complex Case Management Conference 01/07/2022 ~CIV Minute Order

Judicial Officer
Foiles, Robert D

Hearing Time
2:00 PM

Result
Held Parties Present

Plaintiff

Attorney: BATHAEE, YAVAR

Attorney: DUNNE, BRIAN J.

Defendant

Attorney: MEHTA, SONAL N

Defendant

Attorney: MEHTA, SONAL N

Defendant

Attorney: MEHTA, SONAL N

Defendant

Attorney: MEHTA, SONAL N

Defendant

Attorney: MEHTA, SONAL N

Defendant

Attorney: MEHTA, SONAL N

Defendant

Attorney: MEHTA, SONAL N

Participant

Attorney: BATHAEE, YAVAR

Attorney: DUNNE, BRIAN J.

Participant

Attorney: RUSSO, JACK

01/07/2022 Party appeared by audio and/or video

Comment
Above Noted Counsel & Facebook/Meta In House Counsel Ariel Ruiz. Pro Hac Vice Attorneys Andrew Williamson and Edward Grauman on behalf of the Plaintiff.

01/07/2022 Notice of Hearing re

Clerk's Notice of Hearing

Comment
Anti-Slapp Motion as to Individual Defendants on 01/28/22 at 2:00 pm

Next court date:

  • 02/18/2022 Objections to Report of Special Master Judicial Officer
    Foiles, Robert D Hearing Time
    2:00 PM Comment
    Objection to Discovery Special Master’s Report & Recommendation




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X 49er Aldon Smith BAC was reported to be .288

By Michael G. Stogner

21-SM-014538-A

This is a “Those who Matter” case, San Mateo County Sheriff Carlos G. Bolanos provided NO BOOKING PHOTO or PRESS/NEWS RELEASE of the arrest. Why?

That is the first Tell. The 2nd Tell is Defense Attorney Josh Bentley, The 3rd Tell District Attorney Steve Wagstaffe filed this case as a Misdemeanor 21-SM instead of a 21-SF which is a FELONY.

Smith declined a field sobriety test but later took a blood test that showed a blood-alcohol content of .288 percent, District Attorney Stephen Wagstaffe confirmed Thursday. Smith spent the night in jail. (source San Jose Mercury News Michael Nowels)

By declining a sobriety test at the scene, you forfeit California Drivers License for 1 year, unless you are one of the “Those Who Matter” TEAM.

If he was a BAC of .288 why is he charged with a 0.08?

San Mateo County has a First Chance DUI program for 1st time offenders. To my knowledge it does not have a 4th or 5th Chance DUI Program.

San Mateo County does have Defense Attorney Josh Bentley, Watch this case, it is going to be exciting.

TMZ was the first to report the arrest on December 6, 2021.

When I say watch this case, I mean show up to Court IN PERSON. A reasonable thinking person would know that there is a COVID-19 Pandemic in San Mateo County at this time. Listening by phone to the Court Hearings would be a lot safer you would think. Superior Court of California County of San Mateo Presiding Judge Leland Davis III thinks just the opposite. He cancelled Public Access by Telephone on November 22, 2021.

If you do attend the next Court date don’t be surprised if Aldon Smith and Josh Bentley appear remotely for safety reasons. Who would blame them. Stay Safe

Next court date January 4, 2022

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Filed under #closeSMCcourtsuntilfixed, #corruptionmatters, #prosecutorialmisconductmatters, #SanMateoCountyNews.com, #SMCJUSTICE, 21-SM-014538-A | The People of the State of California vs. Aldon Jacarus Ramon Smith, Aldon Jacarus Ramon Smith, Aldon Smith, Apnews.com, Associated Press, Attorney Josh Bentley, Axios.com, Bay Area Transparency, Bay Cities News Foundation, bloomberg.com, Booking Photo, California Attorney General Rob Bonta, California Hiway Patrol, California Judicial Branch News Service, Chief Justice Tani Cantil-Sakauye, Citizen Journalist, City of Redwood City, Colin Kaepernick, Coronavirus, Court Clerk Katrina Bihl, Court Executive Officer Neal I Taniguchi, Court Reporter Jocelyne Fakouri, COVID-19, Deputy District Attorney Sean Gallagher, ELENI BALAKRISHNAN Reporter, Facebook, Fair and Level Playing Field, FIRST CHANCE SOBERING STATION AND OUTPATIENT SERVICES, Fixin' San Mateo County, Former San Francisco 49er, Foster City News, Google, Hon. Judge Joseph Scott, https://missionlocal.org, John Myers LATIMES, June 7, 2018 The Private Meeting at the District Attorney's Office, Just because somebody says something is True doesn't mean that it is., KQED, MADD, Making San Mateo County Safer, Michael G. Stogner, Never too late to Investigate, Newsbreakapp.com, newsbreezer.com, Nobody is above the Law except "Those Who Matter", Organized Crime, Outrageous Government Conduct, People vs. Juan Pablo Lopez case NF433910A, People vs. Zainali Jaffer 17NF012415A, Perjury, Public Corruption, Public Trust, Recordings of Court Cases Must be Allowed, Reporter Michael Nowels, Retired RWCPD Officer James (Jim) McGee, RICO, Rob Bonta Attorney General of California, S.F. Gate, SAL Embezzlement & Laundering Investigation, SamTrans Fraud Investigation, San Francisco 49ers, San Jose Mercury News, San Mateo County District Attorney Steve Wagstaffe, San Mateo County News.com, San Mateo County Sheriff Carlos G. Bolanos, San Mateo County Sheriff Lt. Andrew Armando, San Mateo County Sheriff Michael Otte Committed Perjury., San Mateo County Sheriff's Office Pornography & Violent Rape Video, San Mateo County Sheriff's Office Press Release, sanfrancisco.cbslocal, Selective Prosecution, SF Chronicle reporter Ann Killion, Sheriff Sergeant Luis Dejesus Aquino for DUI, SMCSO Sergeant Gonzales, SMCSO Sergeant Irfan Zaidi, SMCSO Sgt. Jason Peardon, Superior Court of California San Mateo County Presiding Judge Leland Davis III, Susan J. Bassi, The Auditor, The listen-only public access lines are no longer in effect, Those Who Matter, TMZ, TMZ Sports, Victim's Advocate, Vungle, When government is the enemy, x Sheriff Deputy Colin Troy Smith, x Sheriff Deputy Juan P. Lopez Case RECORDING., Yahoo, YouTube Channel, Zain Jaffer, Zain Jaffer case Preliminary Hearing SEALED.

San Mateo County Presiding Judge Leland Davis III

By Michael G. Stogner

Dear Hon. Judge Leland Davis III on November 22, 2021, You cancelled the Public Telephone Access to the San Mateo County Courts. I’m asking you to reverse that decision.

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.

As you can see by the Alert issued today, It would be safer for the Public to listen on the phone.

Covid Act Now Logo

COVID ALERT FOR

SAN MATEO COUNTY, CALIFORNIA

RISK INCREASED

on 12/23/2021Image depicting that San Mateo County, California went from "Medium risk" to "High risk"Note that risk is reduced for those who are vaccinated.

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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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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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Kaylan Charles Freeman in Court July 14, 2021, 9:00 AM

By Michael G. Stogner

Update: 9:00 AM Phone 1-503-300-6847 Code 438807

This is the Nine Year Rape/Sexual Assault Investigation by San Mateo County Sheriff Office if you believe Sheriff Carlos G. Bolanos and Public Information Officer Rosemerry Blankswade.

The Sheriff’s Office had been building the case since 2013 when the first victim in the county came forward. Sheriff’s Office spokeswoman Rosemerry Blankswade said the initial reports were “unfortunately vague or didn’t include a lot of detail.” And it wasn’t until a case linked to Freeman surfaced in a neighboring jurisdiction, coupled with a witness identifying Freeman, that the San Mateo County investigation was reinvigorated.

The Sheriff’s Office claim is that they had no idea who he was until January 2021.

Here is why that statement is Impossible to be true.

On April 3, 2014 at 11:25 AM San Mateo County Sheriff Sergeant Ceferino Gonzales served Kaylan Charles Freeman with a Temporary Restraining Order and Notice to Appear in San Mateo County Superior Court on April 17, 2014 in Honorable Judge Joseph Scott’s Courtroom. He was served at the same El Granada residence that he was recently arrested at.

That means Kaylan Freeman was properly served by a SMCSO Sergeant 15 days before the Hearing date.

SMCSO Sergeant C. Gonzales signed the Proof of Service on April 18, 2014 one day after the Hearing was removed from Calendar reason NO PROOF OF SERVICE FILED.

Proof of Service is a very important part of the Legal Process. It not rocket science the server must by at least 18 years old, the person being served must be served at least 5 days before the hearing date, and Proof of Service must be filed with the Court before the Hearing date in order to proceed.

Why did SMCSO Sergeant Gonzales sign the POS the day after the Hearing date?

Why did SMCSO Sergeant Gonzales file it with the Court 5 days after he signed it?

How many San Mateo County young girls and young women have been Raped and or Sexually Assaulted since 2012 because of the Sheriff’s Office reckless regard for their safety.

Kaylan Charles Freeman is in SMC Jail on $5,250,000.00 Bail.

Attorney General Rob Bonta should add this to his long list of things to do.

Note: For those of you who would like to listen, I will publish the Phone number and Code on this article as soon as it is known which Courtroom is hearing this case.

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Chinedu Okobi SMC Sheriff In-Custody Death Lawsuit filed. Key Defendant not included, Why?

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Chinedu Valentine Okobi

Attorney John Burris filed a lawsuit Friday May 31, 2019 representing Maureen Okobi mother of Chinedu V. Okobi who died in Millbrae, October 3, 2018 In-Custody of SIX San Mateo County Sheriff Employees. Four Deputies, one Sergeant and one Civilian. The Civilian CSO Joseph Gonzales was very involved in the physical take down of Chinedu Okobi and can be clearly seen in the District Attorney’s video at the 7:18 mark dispensing O.C. Spray. You will also notice on the Government’s Video they don’t mention CSO Joseph Gonzales either. So he was not investigated period, Why? The D.A.’s Office treated him as a Witness.

Lawsuit 

District Attorney Steve Wagstaffe’s Video

March 1, 2019 Steve Wagstaffe held a private Press Conference for select media, public not welcome. At around 8 minutes into the presentation he stated the Cause of Death by the pathologist to be “Cardiac Arrest”. Reporter Julie Small of KQED asked about 40 minutes later “Do you know the manor of death?” Wagstaffe responded “The Coroner of this County labeled it Homicide.” Why didn’t he say that at the beginning? He went on to say “Homicide occurring during Interaction with that Individual.” That means with the Six Employees.

KQED reported that Dr. Rogers determined the cause of Death to be Homicide. I reported that Deputy Coroner Heather Diaz #21 determined cause of Death to be Homicide.

By Michael G. Stogner

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SMC Sheriff Sgt. Irfan Zaidi Qualifies as a Brady Officer. Is He on the List? Who controls the list? Is there even a List?

The law enforcement profession requires integrity and trust and an officer who lies violates that trust and tarnishes the integrity of the profession.

October 3, 2018 at 1:00 PM Millbrae, California, Chinedu Okoki a 36 year old man was walking down the sidewalk on El Camino Real. Within 10 minutes he was Tasered 7 times, sprayed in the face with O.C. spray as six San Mateo County Sheriff Employees were on top of him. He was completely limp, unconscious, and never made a sound again. He died there on the spot in the Custody of the Sheriff’s Office.

San Mateo County Sheriff Sergeant Zaidi was not one of the Six Sheriff Employees involved in the In-Custody Death of Chinedu Okobi. Nineteen days later, On October 22, 2018 he filed an Official Report with the District Attorney’s Office making knowingly false statements.

” I directed Deputy Lorenzatti to remove the metal handcuffs from the suspect which she did, and the suspect was placed on his back. The Fire Department and AMR promptly began CPR.”

District Attorney Steve Wagstaffe on March 1, 2019 provided a video that he and his Team produced for the public it can be found on his website. The placing Chinedu Okobi on his back and CPR starts at the 18:50 mark. The video shows Deputy Lorenzatti did Not remove the handcuffs.

SMCSO Deputy Lorenzatti made an official statement on 10/04/2018 3:50 PM. to Inspector Eric Suzuki.

“They were like, well let’s get him on his back and start CPR, So then I, you know helped em, bring him to his back.

Question? “Okay and were his Handcuffs off at that point?”

Answer: No they were still on.

Eng. #37 Mazza Statement: “When decedent was lifted onto the gurney, a police officer cadet or trainee removed the Handcuffs from the decedents wrists.”

AMR #94 Retanubun Statement: “They put the decedent on to a “Mega Mover” when noticed the decedent still had handcuffs on.” “Saw police cadet nearby who assisted them with the removal of the Handcuffs.”

AMR #37 Uhland: “So they laid the decedent on his back with the Handcuffs still on his wrists.”

AMR #94 Pham: “Decedent was on his back with Handcuffs on when he arrived.”

AMR #37 Holman: “When they rolled the decedent over to remove the Handcuffs, she noticed several scrapes on his hands and a few small abrasion on his back.” “She was unsure if the injuries were there prior or if caused by the CPR application.”

According to Wagstaffe’ Video, Chinedu Okobi was placed on his back at 18:26 mark.

CPR starts at 18:50 mark with Handcuffs On and Hands behind his back.

Handcuffs Removed at 28:47 mark after almost 10 minutes of Chest Compressions.

What caused Sheriff Sgt. Zaidi to file this Bizarre False Official Statement?

District Attorney Steve Wagstaffe’s Video and Data made public March 1, 2019

LATIMES Article June 6, 2019

Note: 300 Deputies on the list. Sheriff Alex Villanueva, has called the Brady list a “fake list” and says it was the result of corrupt investigations designed to retaliate against certain deputies.

Should deputies’ misconduct be disclosed to D.A.?

Justices seem split on ruling that bars sheriff from giving officers’ names to prosecutors.
By Maura Dolan and Maya Lau
The California Supreme Court appeared divided Wednesday over a ruling that barred the Los Angeles County sheriff from giving prosecutors the names of deputies who have committed misconduct.
During a hearing, the state high court weighed an appeal of a decision that prohibited the sheriff from giving the district attorney the names of deputies with a history of bad behavior, including lying, taking bribes, tampering with evidence, using unreasonable force or engaging in domestic violence.
By law, prosecutors are required to disclose to defendants exculpatory evidence, including information that could diminish the credibility of police officers who worked on a case.
Several justices suggested Wednesday that prosecutors need the information to fulfill their constitutional duty to disclose potentially exonerating information.
That position has been endorsed by defense lawyers, prosecutors and the California attorney general.
Justice Goodwin Liu noted that prosecutors ultimately bear liability for failing to disclose favorable evidence.
If the prosecution is unaware that such evidence exists, convictions — even valid convictions — may eventually be overturned because of a failure to disclose, he said.
“The prosecution can’t take an ostrich-like approach to this very important duty,” Liu said.
But Chief Justice Tani Cantil-Sakauye suggested that the Legislature, not the court, might want to take steps to ensure that exonerating information is disclosed to the defense.
She said one possible remedy was to give trial judges sealed lists of law enforcement officers who have a history of misconduct. The judges could review those lists privately in chambers to determine whether the officers’ records were relevant in the case and should be disclosed.
“Doesn’t delivering the list directly to the court under seal … meet the problem without intruding overtly on the officers’ privacy?” she asked.
Justice Ming W. Chin also repeatedly asked whether that path, if carved out by the Legislature or by the court in a future case, could resolve the problem.
The case before the court stems from a lawsuit filed by the L.A. deputies union to prevent former Sheriff Jim McDonnell from turning over to the district attorney about 300 names of deputies with a history of misconduct.
A divided, Los Angeles-based court of appeal ruled in 2017 that the list must be kept secret, even in pending criminal cases in which errant deputies were expected to testify.
The state high court’s decision, due in 90 days, would affect law enforcement agencies throughout the state.
The case pits the privacy rights of law enforcement officers against the constitutional duty of prosecutors to give the defense evidence that might cast doubt on a defendant’s guilt, reduce a potential sentence or diminish the credibility of prosecution witnesses.
That duty stems from a landmark 1963 U.S. Supreme Court case, Brady vs. Maryland, which said suppression of evidence favorable to the defense violated due process.
At issue is only whether the names can be turned over to prosecutors, not whether they would become public.
But the presence of the names on a list means deputies could be one step closer to having their disciplinary files scrutinized by a judge and their police work called into question during a court proceeding.
Justice Mariano-Florentino Cuellar noted that the constitutional duty to disclose evidence favorable to the defense trumps state law intended to protect the privacy of law enforcement officers. He suggested the court could “harmonize” the laws.
He called the case “very challenging,” but also noted that “the Brady responsibility is on the state.”
Justice Joshua P. Groban expressed skepticism about the union’s legal arguments.
“You are saying as long as we can bar the door and keep the law enforcement agency from sharing that with the prosecution, then there is no Brady violation?” he asked the lawyer for the union.
Justice Carol A. Corrigan noted that officers whose names were on a list would have less privacy protection than others.
But she also said that a state law intended to protect officer privacy while allowing some disclosures may be hindering the release of information a criminal defendant is entitled to under the Constitution.
Under the system in place for four decades, defense attorneys and prosecutors may ask a trial judge to review an officer’s personnel file to determine whether there is evidence that must be disclosed.
But without knowing an officer’s history, a defense lawyer may not be able to persuade the judge to undertake a review.
“There are cases in which legitimate and material evidence is eluding their review,” Corrigan said.
Justice Leondra R. Kruger asked whether there were legal safeguards that could be imposed to protect officer privacy after the names were disclosed to prosecutors.
Aimee Feinberg, representing the state attorney general, said courts could issue protective orders to ensure the officers’ names were shielded from the public.
Geoffrey S. Sheldon, who argued for Los Angeles County, said he felt “good” about how the hearing went.
“I’m cautiously optimistic that we will prevail in the case,” he said.
Judith Posner, representing the union, said she couldn’t predict the outcome.
“There were a lot of interesting and probing questions on both sides,” she said.
Police departments in at least a dozen counties, including San Francisco, Sacramento and Ventura, have had a regular practice of sending prosecutors the names of so-called Brady list officers.
California’s strict laws protecting officer personnel files — which underpinned the appellate court’s ruling for the deputies union — were dramatically altered by a new transparency law that opened up records of confirmed cases of lying and sexual misconduct by officers, as well as shootings and serious uses of force.
SB 1421, which went into effect Jan. 1, allows the public to see many of the documents at issue in the L.A. County sheriff’s case.
But the new law does not apply to the broader range of misconduct that could put an officer on a Brady list, including domestic abuse, sexual harassment, racial discrimination and bribery.
Sheriff Alex Villanueva, who ousted McDonnell in a stunning upset last fall, has called the Brady list a “fake list” and says it was the result of corrupt investigations designed to retaliate against certain deputies.

By Michael G. Stogner

 

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