Victory for Ty Robben – SLTPD report released and given to the El Dorado DA. Stay tuned.
Lake Tahoe News covers South Lake Tahoe Police protest by Ty Robben. We will updated this story with links to evidence, videos, pictures, court filings and police reports and correspondence.
See the story at http://www.mountainnews.net/201302/#/1
Published on Feb 12, 2013
Dennis Justin (and his brother Richard Justin) of the Carson City based Justin Brothers Bail Bonds company (“Jusin Bros”) is served his summons in Federal civil case 2:13-CV-00238-MCE-DAD filed 02/07/13 in the Sacramento US Federal Court – Eastern District of California.
Dennis Justin a bounty hunter along with Reno based Nevada Fugitive Recovery from Carson City, Nevada violated California penal code 847.5 and failed to obtain a California warrant and illegally crossed state lines from NV to CA into South Lake Tahoe, CA to try and take a non-fugitive into custody (kidnpping) on a minor trumped up misdemeanor by corrupt Carson City judge John Tatro.
Original story: http://www.tahoedailytribune.com/article/20130129/NEWS/130129887/1068&ParentProfile=1056
Ty Robben was pushing the envelope regarding the city’s sign ordinances.
South Lake Tahoe Police Chief Brian Uhler was surprised by the protest, saying he has been in contact with Robben regarding the status of the investigation as recently as Friday.
The department has made “steady progress” on the investigation of the bounty hunters’ behavior, Uhler said. He questioned the need for urgency on the incident because it does not present an ongoing threat to public safety.
The police chief also questioned the use of language on some of the protest signs that could be offensive to some and said Robben was pushing the envelope regarding the city’s sign ordinances. He said the department supports people’s constitutional rights to free speech and didn’t want to make a big deal about the possible infractions.
Police have submitted information on the October incident to the El Dorado County District Attorney’s Office, Uhler said. Whether or not criminal charges will arise form the incident is unknown.
The District Attorney’s Office sent the investigation of the incident back to police in December for further information gathering last month. Assistant District Attorney Hans Uthe said on Tuesday afternoon that documentation of the incident was re-submitted to prosecutors about 10 a.m. Monday.
Despite the signs alleging corruption, Robben said he doesn’t feel that most police are corrupt, but said that it is up to them to prove they are not. He said he hoped the protest would bring exposure to people with similar complaints.
“This is what we can do as citizens,” Robben said, describing himself as a patriot.”
Three people were at the protest when it started around noon. Several people stopped by to inquire about the reasons for the signs.
Fliers advertising the protest included a picture of recently arrested South Lake Tahoe police officer Johnny Poland. Robben said the protest was planned prior to Poland’s arrest.
This is not the first time Robben has used protests to draw attention to alleged corruption by government officials.
Robben organized similar protests in front of the Nevada Attorney General’s Office in April, alleging the Carson City Court Clerk’s Office manipulated transcripts and improperly allowed the Nevada Attorney General’s Office to file court documents late in his fight to be reinstated to a job with the Nevada Department of Taxation, according to an article in the Nevada Appeal.
In September 2009 Robben filed a lawsuit alleging he was the victim of discrimination and was demoted after bringing complaints to managers.
Robben was arrested in Carson City in August on misdemeanor counts of assault and breach of peace for an incident in which he says he was legally attempting to serve a subpoena on Nevada Department of Transportation Director Susan Martinovich earlier in the month, according to the article.
Robben said that Martinovich ran over his toe with a car while he was attempting to serve the subpoena, the Appeal reported. Martinovich has said she felt threatened during the incident and was later granted a restraining order against Robben.
Prosecutors said Robben pleaded no contest to a disorderly conduct charge to settle the case in November, according to a subsequent Nevada Appeal article.
Note: The “disorderly conduct charge” charge is delayed and Ty Robben has not been convicted of that trumped up charge.
— The Associated Press contributed to this story.
The public has a right to know people with connections are treated the same as someone without – especially when this town has a history of favoritism.
South Lake Tahoe Police Chief Brian Uhler was unaware his adult daughter went to El Dorado County traffic court on an infraction issued from a different agency.
He let Lake Tahoe News know about this on Saturday. His boss, City Manager Tony O’Rourke, knew none of the facts until after chastising Lake Tahoe News for inquiring about the issue.
O’Rourke continued to personally to attack this reporter through a series of emails for her initial question to Uhler: “Can you tell me anything about why your daughter was in court on a speeding ticket?”
Uhler told Lake Tahoe News his daughter wanted to handle this without him knowing about it. It was a basic speeding ticket.
Instead of the city trying to “spin” this into how this police chief does not ask for special treatment for his offspring, O’Rourke made it a story by denying the media public information. That was the story. For a city manager that continues to boast about being transparent, he muddied the waters.
The public has a right to know people with connections are treated the same as someone without – especially when this town has a history of favoritism.
– Kathryn Reed
X LOCAL says – POSTED: AUGUST 7, 2011
It kind of insures what I have been saying about The City Manager, Soon all of the citizens of South Lake Tahoe will see the other side of TONY O’ROURKE.
This man has caused more unrest and caused a huge MORAL problem throughout the City employees, I have not found 1 employee that is happy with his actions.
If I had a job that they gave me $200,000 dollars a year to perform, everyone would be happy! even the tax payer. It’s time for the Council to look at this man and look to the future of the City.
Tony O’Rourke is destroying this City almost as much as Hal Cole and Tom Davis and the rest of the council for allowing it to continue.
We were inspired by the local South Lake Tahoe Mountain News guest editorial written by Ted Long. Original story is found here – http://www.mountainnews.net/201301/#/24
Ted Long, former Lake Tahoe city council member and foreperson of the El Dorado County Grand Jury – Says “Rights for one equals rights for all”
When you ask most people, “what is the Cost of freedom?” They will answer war, defending our country and our way of life.
While this is certainly true, it must be remembered that even a dictator will go to war to defend his power. Others mention taxes as the cost of freedom. While this argument may be defended. it is more accurate to say taxes finance the benefits and opportunity ties of freedom, and again, even repressive societies have taxes. If we examine history and the nature of freedom, it becomes apparent that freedom is really the ability of each of us to a life without fear from the very people we appoint or elect to protect us — the firewall between the citizens and the army for example, with the elected president the commander-in-chief of the military.
In a very real way, our police, our district attorneys ,our judges and those others sworn to enforce the laws – are a closer threat to our freedom.
Take the police. for example. If they could be used to arrest. and detain innocent people just because the official does not like them and is threatened by them or sees some opportunity for power. then the individual is really at their mercy.
The Eastern world today is going to the streets, risking death for these very rights. No, I contend that the real cost of freedom is the enforcement of our basic Bill of Rights, in particular the Fifth Amendment that gives each of us the right to a speedy trial, the right to an attorney, the right to bail and the right against self-incrimination. Without these rights. there is no freedom . The power goes to the force with the guns, those that control the process. Hitler, for example, saw this clearly in his takeover of Germany in 1936. He knew that if he did not get control of the police and the courts. he would have no chance. Remember Germany at the time was the home of some of the brightest, smartest people on the planet. They gave us rockets, Einstein and the atomic bomb.
The problem in our country is not a Hitler, it is that we have had these rights for a long time and we take them for granted. Most people will not admit it, but they do believe that if a person is arrested, they must be guilty, when in fact our basic rights say, “innocent until proven guilty.” A jury does not say ” innocent,” they say ” not guilty” in acquitting someone. In other words. the burden is not the crime alleged, but the ability to prove it, lawfully.
Occasionally we arc upset by the video of a Rodney King police beating or the conviction of a police officer for forcing sex on a female during II traffic stop in the back of his squad car. but for the most part we fail to notice when our chosen officials abuse their power.
One of the most well-known cases, Arizona vs. Miranda, clearly let a probably guilty man free, because the authorities abused his rights and the court made it clear that the process docs matter, and that the freedom of one man is the cost of freedom for all of us. They recognized that it’s easy to force a confession or to detain someone until they confess. Think about it, when a person disappears into the system, do you really know what’s true?
Literally hundreds of inmates are currently being released because of the new science of DNA that shows their innocence. What if one was you?
Gino DeMatteo is a current example. The district attorney, Vern Pierson, ignored pleas from his attorney to sit down and talk, he ignored offers of cooperation and instead spent tens of thousands of taxpayer money in a failed attempt to destroy Mr. DeMatteo.
He sent over 20 heavily armed officers to his place of business to make an arrest for a non violent crime, when Gino’s attorney offered to cooperate and would have surrendered him at no cost, he sent the SWAT team to search an empty house.
He already had the owners in jail. He threw a bomb into the house without regard to the presence of innocent people. He imprisoned him in Placerville, 50 miles away. when there is a jail blocks away in South Lake Tahoe only to raise the cost and difficulty of his defense. He made bail as difficult as possible and to top it of, arrested his wife and held her for
three days over a holiday weekend, releasing her with no charges only because she refused to speak badly about her husband.
And, as predicted, all charges were dismissed, but only after the reputations of two citizens were destroyed and the taxpayers spend thousands of dollars on Mr. Pierson’s vendetta. Even worse, in my opinion, is the reaction of so many citizens, that Gino must be guilty, so let’s not question the authorities. Questioning, that is the responsibility, the source of freedom.
The district attorney has refused to comment, to explain, to offer any proof of his charges. At best he says. “the investigation is on going.” I don’t believe him. There is no investigation.
There was no case to start with, I know the feds are now involved, but their charges have nothing to do with the district attorneys. Their case is totally independent and based on different facts.
No, the fact is the district attorney dismissed because he had no case and his only reaction was to accuse me of some political agenda, which I don’t have but even if I did, so what?
He can not abuse his office this way. The people of Egypt are in the streets, risking their lives for these basic rights. We are asleep, under the blanket, “That it will not a happen to me” theory. Don’t be to sure, and there is the money lost when the government is broke.
Ted Long is a former Lake Tahoe city council member and was foreperson of the El Dorado County Grand Jury. He served as chairman of LAFO and is a past president of the League of California Cities Sacramento division
Posted by admin in News on January 28th, 2013
Corrupt law enforcement in South Lake Tahoe?
That’s what some people believe. And they took to the streets Monday to make their feelings known.
Ty Robben organized the Jan. 28 demonstration along Al Tahoe Boulevard. Robben’s issues started last fall when bounty hunters busted down his door. He’s been waiting for the South Lake Tahoe cops to finish the report. He even went to the City Council meeting last week to plead the electeds to intervene to speed up the process.
By the end of last week the report was done and passed on to the District Attorney’s Office.
But Robben said he is having a hard time getting a copy of the report.
One of the signs at the Jan. 28 protest in South Lake Tahoe. Photo/Provided
Former preschool teacher sues city over stun gun incident
SOUTH LAKE TAHOE, Calif. — A former preschool teacher at Under the Magic Pine Tree is suing the city of South Lake Tahoe, numerous police and fire officials and ambulance operators in federal court over an incident last year that his attorney said quite literally forced him into the hospital.
The lawsuit alleges that police officers and paramedics ignored Roland Haas’ right to deny medical treatment and used excessive force when they made him visit Barton Memorial Hospital last year. He is seeking an undisclosed amount in compensatory damages.
The city has declined to comment on the lawsuit. Police do not have a report of the incident, but there is record of officers responding to a “medical assistance” call at the preschool, said department spokesman Dave Stevenson.
The following account was taken from the complaint filed in the U.S. District Court in Sacramento last week.
Haas was working at the preschool about 3 p.m. March 23 when he felt lightheaded. The 30-year-old teacher stepped into the hallway and fell to the ground. Someone called 911.
By the time paramedics arrived in an ambulance, Haas was standing on his own in front of the mirror in the school’s bathroom. He declined medical treatment, but paramedics insisted Haas get in their ambulance and be driven across the street to Barton Memorial Hospital, according to the suit.
“For one thing he didn’t feel he needed to and for another he didn’t want to get slapped with a bill for an ambulance,” said Haas’ lawyer Edward Rizzuto Monday.
Haas continued to decline the ambulance, saying he would walk to the hospital or get a ride from a coworker. According to the complaint, the paramedics said he didn’t have a choice. At this time, Haas went back into his classroom. The paramedics called the South Lake Tahoe police for assistance.
Police officers entered Haas’ classroom, ordered everyone but Haas to leave and told him he had to comply with the paramedics, according to the complaint. Again, Haas said he did not want medical treatment and would not be taken to Barton in an ambulance. He then moved toward the exit of the classroom.
The complaint alleges police tackled and used a stun gun up to three times on Haas. Once he was restrained, the paramedics injected him with Midazolam, a potent tranquilizer, according to the complaint.
“After plaintiff Roland Haas has been tackled, restrained, seized, handcuffed, drive-stun tasered three times, injected with a tranquilizer, and hobbled (by shackles), the police officers and the paramedics forced plaintiff Roland Haas onto an ambulance gurney, placed additional restraints upon his body and placed him inside an ambulance in order to transport him to Barton Memorial Hospital,” Rizzuto said in the complaint.
Emergency room staff discharged Haas in 13 minutes, according to the complaint. He then underwent a mental health
evaluation by a representative from the El Dorado County Department of Mental Health. Haas was determined not to be a danger in any way to himself or others, according to the complaint.
Haas is suing on the grounds that the police and paramedics violated his right to refuse medical treatment and used excessive force. Haas was not arrested on any charges. He returned to the hospital that night to receive a diagnosis of wounds he received during the scuffle with the police and paramedics, according to the complaint.
Haas left Under the Magic Pine Tree about six months ago of his own accord, said owner Kandice Bailey.
A police state is a state in which the government exercises rigid and repressive controls over the social, economic, and political life of the population. A police state typically exhibits elements of totalitarianism and social control, and there is usually little or no distinction between the law and the exercise of political power by the executive.
The inhabitants of a police state experience restrictions on their mobility, and on their freedom to express or communicate political or other views, which are subject to police monitoring or enforcement. Political control may be exerted by means of a secret police force which operates outside the boundaries normally imposed by a constitutional state.
As the maintenance of a standing police force became common in the late 19th and early 20th century, the term “police state” came to be used more commonly to refer only to when a police force was used “too” strenuously, in a “rigid and repressive” way, as under fascism, crony capitalism, and in retroactive application to oppressive/repressive historic incidents like the French Revolution and the Roman Empire.
Video of the January 28, 2013 ANTI-Corruption protest with Citizens Demanding Transparency in the South Lake Tahoe Police Department. Over 1,000 hits in 2 days!
Hillbilly Justice will not be Tolerated.
SOUTH LAKE TAHOE, Calif. (KRNV & MyNews4.com) – A video obtained exclusively by News 4 is raising new questions about how law enforcement handled an investigation into the possible bribery of a South Lake Tahoe City Council member.
The home video from neighbors of bribery suspect Gino Dimatteo you can see at least 12 armed swat team members throwing a flash bang into his house while trying to execute a search warrant.
“If anybody would have been in the hallway approaching the door, it probably would have killed them,” defense attorney Ted Long said. “This is crazy. This is cowboy. This is wild west and citizens ought to be frightened.”
Long says officers knew the house was empty because his client was already detained at a separate search of another location. Long says he had the keys to the house and was offering to go unlock it.
“How are you going to justify this when you’ve got the suspect in custody and an attorney standing there with a key saying I’ll corporate with you. How do you justify this?” he said.
News 4 tried to get answers from the sheriff’s office, but they have not yet returned our request for comment.
Long is asking the El Dorado County Grand Jury to look into how this case was handled.
The grand jurors’ view: What is a grand jury?
El Dorado County Grand Jury.
Where did it come from, what does it do and how does it work? Many citizens have a limited understanding of their county grand jury.
Hopefully, you will find this introductory article about your county grand jury informative. It was prepared by members of the El Dorado County Grand Jurors Association, a volunteer organization of current and former California grand jurors.
Our association’s purpose is to support the grand jury process and provide educational information to all residents of El Dorado County. We thank the Mountain Democrat and its affiliates for distributing periodic articles under the banner, “The grand jurors’ view.” We invite all readers to look for future updates.
The grand jury first started in the 12th century in England to serve the king. Through the centuries, it grew into protecting ordinary citizens against those that governed. Our country’s first formal grand jury was established in Massachusetts in 1635 and the concept soon spread to all colonies and expanded to include civil oversight of government by the late 1600s.
The U.S. Constitution first referenced the grand jury upon enactment of its Fifth Amendment, which notes indictment by a grand jury to answer for capital or otherwise infamous crimes.
The California Constitution has always recognized county grand juries and the reference remains today in Article 1, Section 23. Since 1851 the state Legislature has granted authority for the grand jury, which is found today in the California Penal Code under Sections 888-939. Early California laws allowed grand juries to inquire into public prisons, later laws specified powers to investigate county government, and then further expansions included cities and special districts.
During the 1890s a number of California county grand juries, led by a widely publicized case in San Francisco, investigated and exposed major corruption in their local governments and gained the favor and strong backing of California voters.
After England abandoned its centuries-old grand jury system in 1933, many states moved to reform the authority of their grand juries and limit their oversight of government. While a number of states have some limited form of grand juries today, usually dedicated to criminal indictments, California continues with a fully functioning grand jury system.
California’s current grand jury system provides for regular grand juries in each of the state’s 58 counties, which are impaneled by the Superior Court once a year. The regular grand jury serves for one year and is primarily dedicated to oversight of all governmental agencies within a given county.
While the regular grand jury retains the legal power to cast indictments for criminal violations, the Superior Court in each county may also impanel an additional grand jury at the request of the district attorney to serve for a limited period of time to investigate specific allegations of criminal violations by one or more individuals.
California’s county grand jury system, providing a watchful check-and-balance on local government, is a powerful example of democracy in action unique not only to our country but the world today.
Chuck MacLean is president of the El Dorado County Grand Jurors Association. Contact him at EDCGJA@gmail.com or at PO Box 383, Placerville 95667.
Discussion | 1 comment
Pat HamerJanuary 26, 2013 – 12:01 pm
Through the centuries, it grew into protecting ordinary citizens against those that governed. California laws… specified powers to investigate county government, and then further expansions included cities and special districts. Chuck, to finish your article, it should say: However, the above quotes are not tolerated in El Dorado County, and as a member of the Local Press, when our grand jury is asked to investigate, “… protecting ordinary citizens against those that governed” who are acting outside of the law,” We journalists, cannot take the objective unbiased approach, we must aid in “Fundamentally misconstruing facts,” in order that we do not get fired. For instance. Where is the story about Judge James Wagoner, the serial constituent molester, repeatedly found guilty of abuse of power by using County and State funds to torture, threaten, jail, steal assets of citizen. Was not he the so-called “Grand Jury Advisor?” Your article says, “Through the centuries, it [grand jury] grew into protecting ordinary citizens against those that governed. However, as you can see, “those that govern, such as James Wagoner, has infiltrated and made ineffective, the “protecting” part. Here is the Judicial Counsel article stating the perverted illegal crimes against “ordinary,” non criminal civil right activists. http://cjp.ca.gov/res/docs/public_admon/Wagoner_DO_9-13-11.pdf No wonder you rarely see African Americans in this county! These white bigots, eat their own young! In actuality, our precious United States of America, are only as corrupt as the press allows them to be. Hey, you know that monument at the end of Cedar Ravine and Main Street? It says it was dedicated by Druids? What’s all that about? Inquiring minds want to know! John F. Kennedy was talking about arbitrary external abuses of the press regarding the press, and “secret societies” prior to his assassination. How did the “arbitrary restrictions” become internalized?” Now the press voluntarily covers up open corruption, creating injustice in the outcomes of elections, that, if the truth be known, would possibly benefit all mankind, accept for you and your friend the MT (empty) democrat protect. JFK speech http://www.youtube.com/watch?feature=player_embedded&v=xhZk8ronces