Corrupt El Dorado County Auditor Joe Harn Going to Jail?

2015-09-29, 06:14:39 PLACERVILLE CA

Here is an interesting EDC issue, prosecuting Harn for violating Penal Code Sections 424 & 425, that the Mt. Democrat has been dark on.

California Penal Code Section 424 PC: Misappropriation of Public Funds
1. DEFINITION AND ELEMENTS OF THE CRIME
People who serve in public office, especially those who handle or oversee public moneys, are often placed in positions of trust with little to no oversight. In some cases, people in these positions may abuse this trust in order to unlawfully enrich themselves. In recent years, there have been several high-profile incidents involving key players in local government who have been caught misappropriating public money. As a result, prosecutors, law enforcement and government watchdogs are on high alert for these types of crimes. Under California Penal Code Section 424 PC, misappropriation of public funds is a serious felony that can result in lengthy prison sentences for those convicted.
To prove that a defendant is guilty of misappropriation of public funds, a prosecutor must be able to prove the following elements:
The defendant was an officer of the State of California, or of a county, city, town or district.
As such, the defendant was charged with the receipt, safekeeping, transfer, or disbursement of public moneys.
The defendant appropriated said money, or any portion thereof, to his own use or to the use of another.
OR the defendant loaned said money, or any portion thereof.
OR the defendant made a profit out of, or used said money for a purpose not authorized by law
OR the defendant knowingly kept a false account, or made a false entry or erasure in an account of or relating to said money
OR the defendant willfully refused or omitted to pay over, on demand, public money in his hands, upon presentation of a draft, order, or warrant drawn upon such money by competent authority
OR the defendant willfully omitted to transfer said money, when such transfer was required by law.
OR the defendant willfully omitted or refused to pay over to an officer or person authorized to receive said money, money received by the defendant under a duty imposed by law to pay over.
As used in the statute, “public moneys” includes the proceeds derived from the sale of bonds or other similar items. This statute does not apply to the incidental or minimal use of public resources.
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EDC BoS Public Coment on 2013-14 Civil Grand Jury Report on Joe Harn:
Opening comments – BOS re GJ report – AC, Harn et al 2015/09/01
https://www.facebook.com/groups/836507819720921/permalink/954295147942187/
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Richard Smith’s comments to BOS

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https://www.facebook.com/groups/836507819720921/permalink/954254054612963/
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Ripley Howe’s comments to BOS

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https://www.facebook.com/groups/836507819720921/permalink/954240174614351/
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Dan Dellenger’s comments before BOS re GJ report – AC, Harn et al 2015/09/01
https://www.facebook.com/groups/836507819720921/permalink/954246907947011/
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Mike Owen’s comments before BOS re JG report on AC, Harn et al 2015/09/01
https://www.facebook.com/groups/836507819720921/permalink/954299047941797/
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Cris Alarcon’s comments before BOS re JG report on AC, Harn et al 2015/09/01
https://www.facebook.com/groups/836507819720921/permalink/954234397948262/
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Sherilyn M. Lum-Alarcon’s comments before BOS re GJ report – AC, Harn et al 2015/09/01
https://www.facebook.com/groups/836507819720921/permalink/954250244613344/
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Ron Briggs’ comments before BOS re GJ report on AC, Harn et al 2015/09/01
https://www.facebook.com/groups/836507819720921/permalink/954245777947124/
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Michael Ranalli, BOS District IV
https://www.facebook.com/groups/836507819720921/permalink/954350434603325/
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Chairman Veerkamp’s and CAO Larry T. Combs’s comments after public commentary – BOS re GJ report – AC, Harn et al 2015/09/01
https://www.facebook.com/groups/836507819720921/permalink/954831441221891/

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Corrupt South Lake Tahoe Police still covering-up plice involved shooting of Kris Jackson – The corrupt El Dorado County District Attorney’s Office has not yet released information on whether Jackson, 22, was shot from the front or the back.

kris jackson

More than two months after the police-involved shooting of Kris Jackson at Tahoe Hacienda Inn, questions still outnumber answers.

The El Dorado County District Attorney’s Office has not yet released information on whether Jackson, 22, was shot from the front or the back. According to the DA’s office, the case is still under investigation.

Despite completion of the county coroner’s report, the El Dorado County Sheriff’s Office declined to release results.

The sheriff’s office cited in a letter to the Tahoe Daily Tribune that information couldn’t be released because it protects investigative reports.

Jackson, of Sacramento, Calif., was shot at approximately 2:40 a.m. on June 15 by South Lake Tahoe police officer Joshua Klinge. The South Lake Tahoe Police Department responded to the Hacienda Inn on reports of a woman screaming.

Alan Laskin, the attorney representing Jackson’s family in potential legal action, disputed that Jackson was shot from the front. He added that his firm recently received Jackson’s records from Barton Hospital.

“The records clearly establish an entrance wound from the mid-back and exiting through the sternum,” Laskin said in a Aug. 18 email.

Jackson had a history of arrests in South Lake Tahoe in 2015.

The city reported on June 17 that Jackson was arrested on June 1 for possession of several baggies of cocaine, scales and packaging material. He was also arrested on May 21 on drug charges.

Laskin has six months from the time of Jackson’s death to file a wrongful death suit against the city.

The matter remains under investigation.

SOURCE: http://www.tahoedailytribune.com/news/17858540-113/south-lake-tahoe-shooting-details-unknown

DA Vern Pierson is a core member of the Good Ole Boys. The last election he backed Good Ole Boy lawyer Joe Hoffman for the judgeship, which the voters overwhelming gave to attorney Dylan Sullivan. But Pierson hasn’t accepted that. So when he smears Judge Sullivan’s honesty and fairness

2015-09-14, 06:35:50  PLACERVILLE CA

The Aug. 17 Mountain Democrat reported that “El Dorado County District Attorney officials have excluded County Superior Court Judge Dylan Sullivan from proceedings until further notice.” The action was done under claimed authority of Code of Civil Procedure Sect. 170.6, the filing of a Peremptory Challenge in one specific case.

Does District Attorney Vern Pierson really plan to sit and write Sect. 170.6 challenge after challenge for every case before Judge Sullivan?

Does Pierson have a fortune-teller’s power to know in advance that Judge Sullivan will rule in a ‘prejudiced’ manner in every case the DA brings before her? What is really going on here?

The answer lies not in law but politics. And a section of law twisted to serve political purposes.

DA Vern Pierson is a core member of the Good Ole Boys. The last election he backed Good Ole Boy lawyer Joe Hoffman for the judgeship, which the voters overwhelming gave to attorney Dylan Sullivan. But Pierson hasn’t accepted that. So when he smears Judge Sullivan’s honesty and fairness by filing blanket challenges to her serving as judge in case after case, he is building up a made-up “stain” on her record as judge that can be used against her in the next election when his boy Joe Hoffman runs again.

If Pierson really believed that Judge Sullivan was systematically prejudiced, he would have reported her to the Commission on Judicial Performance, a state agency for investigating complaints of judicial misconduct. But Pierson won’t because the commission isn’t beholden to El Dorado County dirty politics. Instead Pierson bogs down the local courts with his vendetta against Judge Sullivan.

Like the majority of voters, I voted for Dylan Sullivan because she is honest, bright, fair and incorruptible. Standards which Vern Pierson would do well to emulate.

RICHARD BOYLAN
Diamond Springs

SLTPD uses new technology to thwart property crimes

crimeThe South Lake Tahoe Police Department is starting to use a new technology — essentially DNA for property — to assist in combating property theft.

The technology is called Anti-Theft Dots. Applications of this technology include a special substance that can withstand extreme elements including salt water and temperatures in excess of 2,000 degrees. Suspended inside this special substance are thousands of microscopic dots which are smaller than a grain of sand. Each dot has a unique PIN, identifying the property owner.

The substance may be applied to all types of property, from bikes, electronics, tools, equipment, metals, copper and more. The user applies the substance to her valuables and registers the PIN in the Law Enforcement National Recovery Database.

The South Lake Tahoe Police Department has been equipped with scanning tools to determine if the property has been marked with this substance. If it is determined the property is marked, a special digital reader is applied to the substance so law enforcement can read the PIN on the microscopic dots. That PIN is entered into the Law Enforcement National Recovery Database, allowing law enforcement agencies to retrieve ownership in real time.

Officers will supplying the dots to cyclists at the Bijou Bike Park opening on Sept. 19. After that date the department plans to initiate a campaign to reduce property theft in the city by working with businesses, public works, utilities, and the school district.

Judge on Judge corruption, scandals and discrimination in the El Dorado Superior Court – The Honorable Dylan Sullivan was elected by this county’s voters by an overwhelming majority. For her to be removed suddenly, without warning, from proceedings in Department 7 by District Attorney Vern Pierson is a travesty of justice

Dylan Sullivan, right, will join El Dorado County Superior Court Judge Suzanne Kingsbury. Photo/Wendy David

By Kathryn Reed

SOURCE: http://www.laketahoenews.net/2015/08/edc-judge-ousted-from-criminal-bench/

El Dorado County Superior Court Judge Dylan Sullivan has been removed from all criminal cases and instead will hear civil issues.

The reason for this change has not been disclosed.

Presiding Judge Suzanne Kingsbury, who makes the assignments, deferred comment to the El Dorado County District Attorney’s Office. She would not explain why.

“The legal system is designed so both the District Attorneys Office as well as the Public Defenders Office is offered the opportunity when appropriate to exercise the legal authority to exclude a Superior Court judge from a case. At this time the District Attorneys Office has chosen to utilize this legal right,” Deputy District Attorney David Stevenson told Lake Tahoe News.

The DA’s Office has filed a number of preemptory challenges against Sullivan. However, the reasons are not being disclosed. The DA’s office said Sullivan would be challenged on a case-by-case situation.

These types of challenges are not routine, but neither are they rare, according to legal officials. They must be made in a timely manner and can only be filed once per case.

Filing such a challenge is equivalent to saying one does not believe the judge will be able to handle the case, perhaps for ethical reasons. The attorney doing the challenge does not have to prove bias. While California is not alone in allowing this type of procedure, it is not the norm in most states.

The judge has no recourse and essentially does not get her day in court to prove she is or is not biased or that she is being wrongfully persecuted in a reverse case of bias.

People close to the issue told Lake Tahoe News things came to a head last week with Kingsbury clearing Sullivan’s court calendar starting on Aug. 10. By the end of the week Sullivan was told to go home. This week she has been seen following Judge Nelson Brooks who handles probate, an area of law Sullivan isn’t familiar with. Reports are the two judges will be swapping departments.

Even so, this will not eliminate Sullivan from interacting with deputy district attorneys. They are involved in delinquency and other cases in that department.

“There are judicial ethics that make it difficult for me to comment,” Sullivan told Lake Tahoe News. She would not say anything more.

The normal process if someone has an issue with a judge is to file a complaint with the Commission of Judicial Performance.

“We can’t talk about specific cases. We can’t say who is under investigation,” Victoria Henley, director and chief counsel for the commission, told Lake Tahoe News.

If a challenge for cause were filed, that is when the challenger has to prove bias or misconduct by the judge.

Sullivan, 49, was elected to the job in June 2014. She filled the vacancy of retiring Judge Daniel Proud. She was to begin the job in January, but instead Gov. Jerry Brown appointed her to the seat early. Kingsbury swore her in Sept. 19, 2014.

At that time Kingsbury said she assigned Sullivan to Department 7, the criminal pre-trial department in Placerville, to handle misdemeanor arraignments, hear preliminary matters, traffic issues, and drug court because of Sullivan’s training and experience.

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El Dorado County Superior Court Judge Dylan Sullivan pulled from duty

Judge Dylan Sullivan

Judge Dylan Sullivan

El Dorado County District Attorney officials have excluded El Dorado County Superior Court Judge Dylan Sullivan from proceedings until further notice.

DA officials cite California Civil Code 170.6 to back up their action. The code states, “A judge, court commissioner or referee of a superior court of the state of California shall not try a civil or criminal action or special proceeding of any kind or character nor hear any matter therein that involves a contested issue of law or fact when it is established as provided in this section that the judge or court commissioner is prejudiced against a party or attorney or the interest of a party or attorney appearing in the action or proceeding.”

“The legal system is designed so that the DA’s Office as well as the police department is afford the opportunity, when applicable, to exercise the legal authority to exclude a judge from proceedings,” DA investigator Dave Stevenson told the Mountain Democrat. “We are utilizing this legal right.”

Sullivan was not available for comment. The Department 7 judge handled criminal and traffic proceedings in the El Dorado County Government Center’s Building C basement in Placerville. She was first elected in June 2014.

Short URL: http://www.villagelife.com/?p=51676

Kirk Smith Challenges DA Vern Pierson to Put Up or Stand Down regarding Judge Dylan Sullivan

by admin / Sep 01, 2015 / 0 comments

Caption: :
Kirk Smith, DA Vern Pierson, Judge Dylan Sullivan

2015-09-01, 07:17:47 PLACERVILLE CA

Kirk Smith: “The origin of the phrase “peremptory challenge” — a very old legal term — means that a reason does not have to be stated. And the DA”s office did NOT give any reasons to reporters or in court papers.”

What’s next, Vern?

Why ask the Judge? Judges are barred from commenting, making the DA’s first front page smear a couple weeks ago all the more cowardly. Judge Sullivan correctly and appropriately cited and followed the governing cannons of judicial ethics. Why not ask Vern Pierson for comment? And please look at the actual court papers the DA filed to back up his sleazy attack because I read them and there’s nothing in those short pages to support Pierson’s outlandish bias claim, but much to show that this is another political vendetta launched by one of the most ambitious politicians in the area.

Pierson’s thin court papers were signed by the DA’s right hand, Jim Clinchard, who, with Pierson, were both among the biggest backers of attorney Joe Hoffman against Judge Sullivan in last year’s judicial election. It was one of the nastiest judicial races in this county’s history, though not as ugly as the one also waged on behalf of Hoffman in an earlier judicial election against Judge Warren Stracener. [Ok, so the Mountain Democrat’s endorsements were also on the wrong side both times too.]

The “peremptory challenge” rule cited by the DA proscribes that a judge is to step aside “when it is established as provided in this section that the judge or court commissioner is prejudiced against a party or attorney or the interest of a party or attorney appearing in the action or proceeding.” But instead of prejudice or bias, the Clinchard document alleges that the county “has a custom and practice” of judges handling courtroom 7 matters sending them to other judges for trial, and not retaining them, except in the case of Phillip and Nancy Garrido.

What? No rule, no statute, no case law, just one lawyer’s vague anecdotal notion about some “procedure or practice”? Sorry, but it is judges, not folklore from DA’s, who have the right and duty to manage their calendars. Court schedules and court calendars are governed by judges, not politicians. Yes, the same inherent judicial authority used when a judge in Division 7 a few years ago chose to retain for trial the Garrido case, something Pierson did not object to at that time.

Vern Pierson lost a race for legislative office a few years ago and then ran for DA like a consolation prize and is now widely reported to be ready to run for Assemblywoman Beth Gaines seat once she makes her expected run against Supervisor Ron “Mik” Mikulaco. You want to know what is behind Pierson’s extraordinary attack on a sitting judge, follow the money; look at the campaign contributions for an idea about Pierson’s motive. See whether one the biggest if not the biggest contributor to the campaigns of Pierson, Hoffman and Gaines are the same. That’s just for starters. Keep looking.

Imagine the chilling impact on judges in this community when a politically motivated District Attorney can get away with this kind of unilateral slam. The origin of the phrase “peremptory challenge” — a very old legal term — means that a reason does not have to be stated. And the DA”s office did NOT give any reasons to reporters or in court papers. As a public official, Vern Pierson owes the public a detailed statement about the specific facts he had in mind. The integrity and independence of the judiciary, the very meaning of justice in this community, deserves no less than a full and honest explanation.

SOURCE: http://molosyndicate.com/3/1-1528

Kirk Smith Explains DA Peirson’s Underhanded Move re Judge Dylan Sullivan

by admin / Sep 04, 2015 / 0 comments

2015-09-04, 06:09:48  PLACERVILLE CA

— CHARLET NALBACH BURCIN of El Dorado Hills wrote:

The Honorable Dylan Sullivan was elected by this county’s voters by an overwhelming majority. For her to be removed suddenly, without warning, from proceedings in Department 7 by District Attorney officials is a travesty of justice.

Do you really think that the voters are going to stand by the District Attorney’s Office’s decision without demanding a clear explanation? You may cite your California Civil Code 170.6 as the reason — bias toward the attorney, district attorney or other party. What is the real reason? Does this have anything to do with Vern Pierson?

I hope the Honorable Dylan Sullivan appeals this “movement” against her so that we as El Dorado County residents are able to get to the truth and to the real story going on behind the scenes.

— Then Kirk Callan Smith responded:

Hi Charlet,

Your outrage about Vern Pierson’s spitefully nasty political attack on a distinguished judge is certainly in order. But your suggestion that the judge “appeal” Pierson’s action is not an option. She can’t. The Rule 170.6 “peremptory challenge” does not allow for an appeal, no response of any kind; it operates automatically just by having been filed. The rules of judicial ethics also prevents the judge from making public comment, a fact that makes Pierson’s gutless move all the more despicable.

The remedies, therefore, have to be pursued by the rest of us. They include such things as the public sending more letters like yours, groups picketing Pierson’s office, starting a recall campaign now made even easier by recent laws, and calling on the Mountain Democrat’s editorial board to insist that Vern Pierson reveal whatever facts he has to support his very vile defamatory smear — which Pierson cannot do since such facts do not exist — or for him to withdraw the challenge. Voters deserve an honest, competent District Attorney, not the appearance of a political hack.

Yes, demand that the Mountain Democrat speak up for the integrity and independence of our local judiciary. This paper has to stop being a mouthpiece for incumbents, to either stop remaining silent about political sleaze or stop wondering why its news pages and subscription numbers continue to decline. This paper, deeply afraid of controversy, sits on a great many important stories, including this one. We can insist on more.

A number of local lawyers privately call Pierson’s action pure politics and say this drama came about when he continued to find that Judge Sullivan could not be pushed around by his office. The fact that Pierson’s office has considerable discretion when it comes to who to charge and the kind of plea deals that can be made, sadly can make silence a safe choice for any lawyer wishing to pay their bills. Members of the county bar, so small it can seem like a club, have to speak up as well, and very strongly, about the latest Pierson fiasco since it can reflect so poorly on the entire legal community as well.

The public needs a strong and independent judiciary as well as a prosecutor that operates with the highest standards of the legal professional and not like a political opportunist guided by an aggressive thirst for higher office. and the apparent power of campaign contributions.

“History does not long entrust the care of freedom to the weak or the timid,” President Eisenhower once said. And if the people of this county want a judicial system that is truly fair and just, free of bias and political taint, it will not come about by silence but rather by vigilance and protest.

Kirk Callan Smith, Placerville, California

SOURCE: http://molosyndicate.com/3/1-1548