2011-07-06 "Armed Citizens Confront Nazi Checkpoint" by Sov3rgn Fr33man
[http://www.indybay.org/newsitems/2011/07/06/18683997.php]
Armed Bay Area residents confronted a nazi "show me your papers" checkpoint in Livermore, California on 4th of July weekend.
Police Departments use checkpoints to perform warrantless searches and steal vehicles from undocumented drivers. Based on their own statistics, the Livermore PD subjected 1200 drivers to unreasonable searches and only arrested TWO drunk drivers at this checkpoint. That means less than 0.17% of those asked "show me your papers" were drinking! Since 11 vehicles were towed, we can conclude that 82% of the vehicles were stolen from undocumented drivers or people with registration issues.
We all know the real reason they have these checkpoints. The cities and law enforcement agencies make MILLIONS ($40 million across CA in 2009) from these fascist checkpoints.
Organize against checkpoints in your area!
Join Abolish Checkpoints: http://www.facebook.com/AbolishCheckpoints
Wednesday, July 6, 2011
Sunday, June 26, 2011
2011-06-26 "Homelessness in California is now punishable by a year in jail. Free Gary Johnson!" by Steven Argue [steveargue2 [at] yahoo.com] from "Liberation News"
[https://lists.riseup.net/www/info/liberation_news]
For protesting on the county steps against Santa Cruz laws that make it illegal for the homeless to sleep at night, homeless activists Gary Johnson (no relation to Becky Johnson) and Attorney Ed Frey were sentenced to 6 months in jail on June 10th. Bail was set for Ed Frey, pending appeal, at $50,000. Their only act of civil disobedience was sleeping. This occurred at their three month protest called “Peace Camp 2010”. Revealing the political nature of the draconian sentences, Judge Gallagher told homeless activist Gary Johnson that he “could get some sleep in jail” before they were dragged away in chains for their 6 month sentences. The law they were protesting makes it illegal for the homeless to sleep at night, outside or in a vehicle.
On Friday, June 24, after two weeks in jail, Ed Frey was released on bail pending appeal with his bail of $50,000 dollars reduced to $110. Supporters quickly passed the hat and Ed Frey was released from jail on bail. Gary Johnson still sits in jail.
Also convicted for sleeping at the protest were Arthur Bishoff and Collette Connolly. A fifth protester, Christopher Doyon didn’t show up for the kangaroo court trial and bench warrant was issued. A sixth protester, Eliot Anderson was freed by a hung jury that failed to convict him. A juror said of the case, Anderson should not have to gas his dog to try to get into a shelter to legally sleep.
Many potential jurors were upset by the fact that they were to sit through a two week trial for the “crime” of sleep. One example was an elementary school teacher who said, "When I first came to Santa Cruz, I lived in my van for three years. During that time, I was hassled, arrested, and jailed. There is no way I could be impartial in this case considering the pain these people are suffering." A number of potential jurors said such things, but of course they never made it on to the jury. People who are aware of what is going on generally don’t make it onto juries in the United States. Those less aware people who made it onto the jury were told, in a typical manner, that they weren’t allowed to have their own opinions. In the oft repeated mantra of blind stupidity and injustice in America’s capitalist courts, Judge Gallagher told the jury, "Even if you disagree with the law, you must follow the law."
The four protesters were convicted of state anti-lodging law 647(E) for sleeping at the protest. Arthur Bishoff and Collette Connolly did not show up for the absurdity of sentencing and warrants were issued. Ed Frey and Gary Johnson were offered 400 hours of Community Service and 3 years probation for sleeping. In response, Gary Johnson, homeless, asked, "How can I take probation to obey all laws, when you've defined "sleeping" as lodging to the jury, making it a misdemeanor crime? How can I not sleep for six months during probation?" On basic principle and inability to comply, both Gary Johnson and Attorney Ed Frey turned down probation.
This was reminiscent of an earlier Santa Cruz case where Sandy Loranger did time in jail for feeding the homeless soup. When the judge offered her counseling instead of jail Sandy Loranger replied, "If feeding my fellow people is a crime, I am beyond rehabilitation."
The protest Gary Johnson, Ed Frey, Arthur Bishoff, and Collette Connolly were prosecuted for was peaceful in nature with the only act of civil disobedience being the illegal act of sleep outside. Basic protest facilities were included with Attorney Ed Frey providing the protesters with a needed port-a-potty. This helped provide the homeless with a safe place to sleep for months, despite the city government’s failure to provide such needed relief for its citizens.
The protest also shamed the city government into modifying the city’s law that makes it illegal for the homeless to sleep at night by providing a dismissal of the charges in court if the homeless being charged with sleep can show that they were on the waiting list for the insufficient shelter provided at the Homeless Service Center at the time they were ticketed. Other protests in the 1990s shamed the Santa Cruz City government into reducing the fine for sleeping at night outside or in a vehicle, but the Santa Cruz City Council continued to keep sleep at night for the homeless illegal at that time as well.
During those protests in the 1990s activists were arrested and brutalized by the infamously repressive Santa Cruz Police. Activist B.D. was tackled off his soap box and pepper sprayed by the Santa Cruz Police for giving a speech in favor of the homeless in front of numerous eyewitnesses and a video camera. In 1998 this author was beaten and arrested, spending four days in jail, for exercising my First Amendment right to distribute literature. It was literature in favor of rights for the homeless and opposed to police brutality.
The law for which Gary Johnson and Ed Frey were arrested, prosecuted, convicted, and sentenced was Penal Code Section 647(E), for “unlawful lodging”. This is a California state law. It was also recently used in August 2010 by the Santa Barbara Police to ticket Courtney Caswell-Peyton, a Santa Barbara disabled woman who fell asleep in her wheel chair. She showed-up for court worried about the possibility of getting her first conviction for any crime. Facing strong protest in that case, the Santa Barbara DA dismissed the charge in the “interests of justice”. While happy about not being convicted, she left court saying she was still homeless and questioning why she had no place to sleep.
Unlike the Santa Barbara dismissal, Gary Johnson, Ed Frey, Arthur Bishoff, and Collette Connolly were convicted in the notoriously bad Santa Cruz courts. Judge Gallagher is making an example of them for standing-up against the anti-homeless laws of Santa Cruz. The suspected reason cops charged the four with the state law rather than the Santa Cruz anti-sleeping law was a loophole where city laws didn’t apply because the protest was on county property. But, as a cop once told this author, “this is Santa Cruz; we can find a law for anything”. And find a law they did.
In 1983 the U.S. Supreme Court ruled that an earlier version of Penal Code Section 647(E) was unconstitutional in the case of Kolender v. Lawson. It was an anti-vagrancy law that was brought to the supreme court after it was used by San Diego Police to repeatedly harass a Black man with dread locks who was committing no real crime. As a result of that Supreme Court ruling that version of Penal Code Section 647(E) was repealed by the state legislature in 2008.
Since the overturning of the original 647(E) a new version was passed by the State Legislature which states, “Who lodges in any building, structure, vehicle, or place, whether public or private, without the permission of the owner or person entitled to the possession or in control of it” “are guilty of disorderly conduct, a misdemeanor". Lodging is being used as a euphemism for sleeping here. This is the law the four protesters were convicted under.
In May 2011, this anti-homeless law 647 (E) was made even worse with the State Legislature making a second violation punishable of up to a year in jail and $2,000 fine. So now homelessness in the state of California is punishable by up to a year in jail if one is caught doing it twice.
Voting for this worsened anti-homeless law were Democrats and Republicans alike, including local Santa Cruz Democrat and darling of many reformist liberals, Bill Monning. Monning voted for that increased penalty at the same time that the people who actually stand-up for human rights were fighting the constitutionality of the law in court with their freedom on the line.
Here is a full list of those who voted for the worsened anti-homeless law: Achadjian, Allen, Ammiano, Atkins, Beall, Beth Gaines, Bill Berryhill, Block, Blumenfield, Bonilla, Bradford, Brownley, Buchanan, Butler, Campos, Carter, Charles Calderon, Chesbro, Cook, Davis, Dickinson, Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani, Galgiani, Gatto, Gordon, Grove, Hagman, Halderman, Hall, Harkey, Hayashi, Hill, Huber, Hueso, Huffman, Jeffries, John A. Pérez, Jones, Knight, Lara, Logue, Ma, Mansoor, Mendoza, Miller, Monning, Morrell, Nestande, Nielsen, Norby, Olsen, Pan, Perea, Silva, Skinner, Smyth, Solorio, Swanson, V. Manuel Pérez, Valadao, Wagner, Wieckowski, Williams, and Yamada.
None voted against.
As the California state government, dominated by Democrats, passes anti-working class austerity and extremely harsh anti-homeless legislation, the Democrat holding power in Washington, Obama, wages wars in an increasing number of the world’s countries for the profit of arms manufacturers, oil corporations, and other imperialist capitalists and locks-up suspected whistle blower on U.S. crimes against humanity, Bradley Manning, under intolerable conditions. Bradley Manning is accused of releasing the helicopter footage that shows U.S. troops nonchalantly gunning down civilians including journalists, first aid respondents, and children in cold blood. Instead of charges of murder for those who committed it, it is Bradley Manning who goes to prison under Obama. Likewise, billions that could be used in a saner society for housing, healthcare, and education are squandered on war.
Meanwhile, the local Democrats in power in Santa Cruz send out their county and city cops to silence protests for human rights for the homeless, support legislation against immigrants like the “Secure Communities” program, and threaten to cut the already meager wages of In Home Support Workers, wages needed to provide the care that helps keep the disabled, elderly, and dying in their homes. While Santa Cruz Mayor Ryan Coonerty supports the city’s anti-homeless laws, police repression, and has signed on with the anti-immigrant “Secure Communities” program, he opposes measures that would help fight homelessness like an increase in the minimum wage and has been part of carrying out austerity that includes the lay-off of workers and cuts in homeless services while at the same time hiring more cops.
[ ... ]
Free Gary Johnson! Overturn the Convictions of Ed Frey, Arthur Bishoff, Collette Connolly! Hands Off Christopher Doyon! End Laws making it Illegal for the Homeless to Sleep at Night! Seize Housing From the Banks for those Who Need Housing! For a Nation Wide Jobs Program Building Housing for All!
2011-06-28 "Gary Johnson is Out on Bail!" from Steven Argue -
Forwarded message from Gary Johnson: "I JUST got out on bail (pending Appeal), from (eventually Minimum) Medium Security Jail in Watsonville (aka The Farm)."
2011-07-02 Update on the Case of Gary Johnson
Gary Johnson was released from jail earlier this week PENDING APPEAL, after over two weeks in jail. Like Attorney Ed Frey, he still faces the continuation of his 6 month in jail sentence for sleeping at the “Peace Camp 2010” protest against anti-sleeping laws.
This week the following motion in solidarity with the case was passed by the Oscar Grant Committee Against Police Brutality & State Repression regarding these cases and laws:
“The "Oscar Grant Committee, to Stop Police Brutality and State Repression" considers the Santa Cruz ordinance against "sleeping in public" to be UNJUST . particularly in the light of the ongoing housing crisis spreading across the country, where millions of people have been turned out of their homes do to the ongoing economic depression.
“We demand that all the charges against Homeless Rights Organizer Gary Johnson and others arrested, that occurred as a result of the peaceful non-violent homeless rights protest be dropped and any convictions overturned.
“We offer our solidarity and support to Gary Johnson and his supporters in the struggle for Human Rights and Dignity for the homeless.”
******* Send messages of support for Gary Johnson, Ed Frey, Arthur Bishoff, Collette Connolly, and Christopher Doyon and opposition to these laws to: steveargue2@yahoo.com
[https://lists.riseup.net/www/info/liberation_news]
For protesting on the county steps against Santa Cruz laws that make it illegal for the homeless to sleep at night, homeless activists Gary Johnson (no relation to Becky Johnson) and Attorney Ed Frey were sentenced to 6 months in jail on June 10th. Bail was set for Ed Frey, pending appeal, at $50,000. Their only act of civil disobedience was sleeping. This occurred at their three month protest called “Peace Camp 2010”. Revealing the political nature of the draconian sentences, Judge Gallagher told homeless activist Gary Johnson that he “could get some sleep in jail” before they were dragged away in chains for their 6 month sentences. The law they were protesting makes it illegal for the homeless to sleep at night, outside or in a vehicle.
On Friday, June 24, after two weeks in jail, Ed Frey was released on bail pending appeal with his bail of $50,000 dollars reduced to $110. Supporters quickly passed the hat and Ed Frey was released from jail on bail. Gary Johnson still sits in jail.
Also convicted for sleeping at the protest were Arthur Bishoff and Collette Connolly. A fifth protester, Christopher Doyon didn’t show up for the kangaroo court trial and bench warrant was issued. A sixth protester, Eliot Anderson was freed by a hung jury that failed to convict him. A juror said of the case, Anderson should not have to gas his dog to try to get into a shelter to legally sleep.
Many potential jurors were upset by the fact that they were to sit through a two week trial for the “crime” of sleep. One example was an elementary school teacher who said, "When I first came to Santa Cruz, I lived in my van for three years. During that time, I was hassled, arrested, and jailed. There is no way I could be impartial in this case considering the pain these people are suffering." A number of potential jurors said such things, but of course they never made it on to the jury. People who are aware of what is going on generally don’t make it onto juries in the United States. Those less aware people who made it onto the jury were told, in a typical manner, that they weren’t allowed to have their own opinions. In the oft repeated mantra of blind stupidity and injustice in America’s capitalist courts, Judge Gallagher told the jury, "Even if you disagree with the law, you must follow the law."
The four protesters were convicted of state anti-lodging law 647(E) for sleeping at the protest. Arthur Bishoff and Collette Connolly did not show up for the absurdity of sentencing and warrants were issued. Ed Frey and Gary Johnson were offered 400 hours of Community Service and 3 years probation for sleeping. In response, Gary Johnson, homeless, asked, "How can I take probation to obey all laws, when you've defined "sleeping" as lodging to the jury, making it a misdemeanor crime? How can I not sleep for six months during probation?" On basic principle and inability to comply, both Gary Johnson and Attorney Ed Frey turned down probation.
This was reminiscent of an earlier Santa Cruz case where Sandy Loranger did time in jail for feeding the homeless soup. When the judge offered her counseling instead of jail Sandy Loranger replied, "If feeding my fellow people is a crime, I am beyond rehabilitation."
The protest Gary Johnson, Ed Frey, Arthur Bishoff, and Collette Connolly were prosecuted for was peaceful in nature with the only act of civil disobedience being the illegal act of sleep outside. Basic protest facilities were included with Attorney Ed Frey providing the protesters with a needed port-a-potty. This helped provide the homeless with a safe place to sleep for months, despite the city government’s failure to provide such needed relief for its citizens.
The protest also shamed the city government into modifying the city’s law that makes it illegal for the homeless to sleep at night by providing a dismissal of the charges in court if the homeless being charged with sleep can show that they were on the waiting list for the insufficient shelter provided at the Homeless Service Center at the time they were ticketed. Other protests in the 1990s shamed the Santa Cruz City government into reducing the fine for sleeping at night outside or in a vehicle, but the Santa Cruz City Council continued to keep sleep at night for the homeless illegal at that time as well.
During those protests in the 1990s activists were arrested and brutalized by the infamously repressive Santa Cruz Police. Activist B.D. was tackled off his soap box and pepper sprayed by the Santa Cruz Police for giving a speech in favor of the homeless in front of numerous eyewitnesses and a video camera. In 1998 this author was beaten and arrested, spending four days in jail, for exercising my First Amendment right to distribute literature. It was literature in favor of rights for the homeless and opposed to police brutality.
The law for which Gary Johnson and Ed Frey were arrested, prosecuted, convicted, and sentenced was Penal Code Section 647(E), for “unlawful lodging”. This is a California state law. It was also recently used in August 2010 by the Santa Barbara Police to ticket Courtney Caswell-Peyton, a Santa Barbara disabled woman who fell asleep in her wheel chair. She showed-up for court worried about the possibility of getting her first conviction for any crime. Facing strong protest in that case, the Santa Barbara DA dismissed the charge in the “interests of justice”. While happy about not being convicted, she left court saying she was still homeless and questioning why she had no place to sleep.
Unlike the Santa Barbara dismissal, Gary Johnson, Ed Frey, Arthur Bishoff, and Collette Connolly were convicted in the notoriously bad Santa Cruz courts. Judge Gallagher is making an example of them for standing-up against the anti-homeless laws of Santa Cruz. The suspected reason cops charged the four with the state law rather than the Santa Cruz anti-sleeping law was a loophole where city laws didn’t apply because the protest was on county property. But, as a cop once told this author, “this is Santa Cruz; we can find a law for anything”. And find a law they did.
In 1983 the U.S. Supreme Court ruled that an earlier version of Penal Code Section 647(E) was unconstitutional in the case of Kolender v. Lawson. It was an anti-vagrancy law that was brought to the supreme court after it was used by San Diego Police to repeatedly harass a Black man with dread locks who was committing no real crime. As a result of that Supreme Court ruling that version of Penal Code Section 647(E) was repealed by the state legislature in 2008.
Since the overturning of the original 647(E) a new version was passed by the State Legislature which states, “Who lodges in any building, structure, vehicle, or place, whether public or private, without the permission of the owner or person entitled to the possession or in control of it” “are guilty of disorderly conduct, a misdemeanor". Lodging is being used as a euphemism for sleeping here. This is the law the four protesters were convicted under.
In May 2011, this anti-homeless law 647 (E) was made even worse with the State Legislature making a second violation punishable of up to a year in jail and $2,000 fine. So now homelessness in the state of California is punishable by up to a year in jail if one is caught doing it twice.
Voting for this worsened anti-homeless law were Democrats and Republicans alike, including local Santa Cruz Democrat and darling of many reformist liberals, Bill Monning. Monning voted for that increased penalty at the same time that the people who actually stand-up for human rights were fighting the constitutionality of the law in court with their freedom on the line.
Here is a full list of those who voted for the worsened anti-homeless law: Achadjian, Allen, Ammiano, Atkins, Beall, Beth Gaines, Bill Berryhill, Block, Blumenfield, Bonilla, Bradford, Brownley, Buchanan, Butler, Campos, Carter, Charles Calderon, Chesbro, Cook, Davis, Dickinson, Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani, Galgiani, Gatto, Gordon, Grove, Hagman, Halderman, Hall, Harkey, Hayashi, Hill, Huber, Hueso, Huffman, Jeffries, John A. Pérez, Jones, Knight, Lara, Logue, Ma, Mansoor, Mendoza, Miller, Monning, Morrell, Nestande, Nielsen, Norby, Olsen, Pan, Perea, Silva, Skinner, Smyth, Solorio, Swanson, V. Manuel Pérez, Valadao, Wagner, Wieckowski, Williams, and Yamada.
None voted against.
As the California state government, dominated by Democrats, passes anti-working class austerity and extremely harsh anti-homeless legislation, the Democrat holding power in Washington, Obama, wages wars in an increasing number of the world’s countries for the profit of arms manufacturers, oil corporations, and other imperialist capitalists and locks-up suspected whistle blower on U.S. crimes against humanity, Bradley Manning, under intolerable conditions. Bradley Manning is accused of releasing the helicopter footage that shows U.S. troops nonchalantly gunning down civilians including journalists, first aid respondents, and children in cold blood. Instead of charges of murder for those who committed it, it is Bradley Manning who goes to prison under Obama. Likewise, billions that could be used in a saner society for housing, healthcare, and education are squandered on war.
Meanwhile, the local Democrats in power in Santa Cruz send out their county and city cops to silence protests for human rights for the homeless, support legislation against immigrants like the “Secure Communities” program, and threaten to cut the already meager wages of In Home Support Workers, wages needed to provide the care that helps keep the disabled, elderly, and dying in their homes. While Santa Cruz Mayor Ryan Coonerty supports the city’s anti-homeless laws, police repression, and has signed on with the anti-immigrant “Secure Communities” program, he opposes measures that would help fight homelessness like an increase in the minimum wage and has been part of carrying out austerity that includes the lay-off of workers and cuts in homeless services while at the same time hiring more cops.
[ ... ]
Free Gary Johnson! Overturn the Convictions of Ed Frey, Arthur Bishoff, Collette Connolly! Hands Off Christopher Doyon! End Laws making it Illegal for the Homeless to Sleep at Night! Seize Housing From the Banks for those Who Need Housing! For a Nation Wide Jobs Program Building Housing for All!
2011-06-28 "Gary Johnson is Out on Bail!" from Steven Argue -
Forwarded message from Gary Johnson: "I JUST got out on bail (pending Appeal), from (eventually Minimum) Medium Security Jail in Watsonville (aka The Farm)."
2011-07-02 Update on the Case of Gary Johnson
Gary Johnson was released from jail earlier this week PENDING APPEAL, after over two weeks in jail. Like Attorney Ed Frey, he still faces the continuation of his 6 month in jail sentence for sleeping at the “Peace Camp 2010” protest against anti-sleeping laws.
This week the following motion in solidarity with the case was passed by the Oscar Grant Committee Against Police Brutality & State Repression regarding these cases and laws:
“The "Oscar Grant Committee, to Stop Police Brutality and State Repression" considers the Santa Cruz ordinance against "sleeping in public" to be UNJUST . particularly in the light of the ongoing housing crisis spreading across the country, where millions of people have been turned out of their homes do to the ongoing economic depression.
“We demand that all the charges against Homeless Rights Organizer Gary Johnson and others arrested, that occurred as a result of the peaceful non-violent homeless rights protest be dropped and any convictions overturned.
“We offer our solidarity and support to Gary Johnson and his supporters in the struggle for Human Rights and Dignity for the homeless.”
******* Send messages of support for Gary Johnson, Ed Frey, Arthur Bishoff, Collette Connolly, and Christopher Doyon and opposition to these laws to: steveargue2@yahoo.com
Wednesday, April 27, 2011
2011-04-27 "Attorney accuses Alameda County of racial profiling; Public defender was pulled over and searched in Castro Valley"
by Chris De Benedetti and Chris Metinko from "Oakland Tribune"
[http://www.contracostatimes.com/rss/ci_17943978?source=rss]:
OAKLAND -- A civil rights lawsuit filed by an African-American attorney claims a Castro Valley traffic stop made by Alameda County sheriff's deputies last year was a case of racial profiling.
The lawsuit, filed in U.S. District Court in Oakland this week, claims a deputy pulled Kwixuan Maloof over for dubious reasons, then unlawfully handcuffed and detained him while illegally searching his car.
Maloof is a managing felony attorney in the San Francisco Public Defender's Office, as well as president of the Charles Houston Bar Association -- the largest association of African-American lawyers in Northern California.
Maloof, 42, was driving his 2004 Cadillac XLR on March 5, 2010, when a deputy, who was white, pulled him over on East Castro Valley Boulevard, near Jensen Road. The suit claims the deputy told Maloof he pulled him over because he "heard a loud voice" from the car and that he had committed no traffic violation.
Maloof suspected he was being racially profiled and pulled out his cellphone camera. The filing says the deputy quickly blinded the camera with his flashlight. Other deputies arrived and confiscated Maloof's cellphone. He then was handcuffed and put in the back of a patrol car while officers searched the trunk of his car, according to the suit.
Maloof eventually was released, and no charges were filed.
"This incident happened over a year ago and every time I see the police, more specifically the sheriff's department, I get an uneasy feeling," said Maloof.
He said the incident frightened his family and embarrassed him.
"I feel I have to stand up for myself," said Maloof, who has been with the public defender's office for 10 years.
The lawsuit, which was filed Monday by Maloof's attorney John Burris, claims Maloof was unlawfully profiled, illegally detained, battered and suffered emotional distress. The suit also says the county has a pattern of "ongoing constitutional violations and unlawful practices constituting racial profiling" that the department's supervisors have done nothing to stop.
A sheriff's office spokesman said Sheriff Gregory Ahern had no comment.
"The sheriff was just recently provided this lawsuit, and he hasn't had a chance to review it, so he can't make a specific comment on the case," Sgt. J.D. Nelson said. "However, he does take great pride that all sheriff's employees do act in accordance with law and that they remain professional during difficult circumstances."
Alameda County Counsel also had no comment on the lawsuit.
[http://www.contracostatimes.com/rss/ci_17943978?source=rss]:
OAKLAND -- A civil rights lawsuit filed by an African-American attorney claims a Castro Valley traffic stop made by Alameda County sheriff's deputies last year was a case of racial profiling.
The lawsuit, filed in U.S. District Court in Oakland this week, claims a deputy pulled Kwixuan Maloof over for dubious reasons, then unlawfully handcuffed and detained him while illegally searching his car.
Maloof is a managing felony attorney in the San Francisco Public Defender's Office, as well as president of the Charles Houston Bar Association -- the largest association of African-American lawyers in Northern California.
Maloof, 42, was driving his 2004 Cadillac XLR on March 5, 2010, when a deputy, who was white, pulled him over on East Castro Valley Boulevard, near Jensen Road. The suit claims the deputy told Maloof he pulled him over because he "heard a loud voice" from the car and that he had committed no traffic violation.
Maloof suspected he was being racially profiled and pulled out his cellphone camera. The filing says the deputy quickly blinded the camera with his flashlight. Other deputies arrived and confiscated Maloof's cellphone. He then was handcuffed and put in the back of a patrol car while officers searched the trunk of his car, according to the suit.
Maloof eventually was released, and no charges were filed.
"This incident happened over a year ago and every time I see the police, more specifically the sheriff's department, I get an uneasy feeling," said Maloof.
He said the incident frightened his family and embarrassed him.
"I feel I have to stand up for myself," said Maloof, who has been with the public defender's office for 10 years.
The lawsuit, which was filed Monday by Maloof's attorney John Burris, claims Maloof was unlawfully profiled, illegally detained, battered and suffered emotional distress. The suit also says the county has a pattern of "ongoing constitutional violations and unlawful practices constituting racial profiling" that the department's supervisors have done nothing to stop.
A sheriff's office spokesman said Sheriff Gregory Ahern had no comment.
"The sheriff was just recently provided this lawsuit, and he hasn't had a chance to review it, so he can't make a specific comment on the case," Sgt. J.D. Nelson said. "However, he does take great pride that all sheriff's employees do act in accordance with law and that they remain professional during difficult circumstances."
Alameda County Counsel also had no comment on the lawsuit.
Friday, April 15, 2011
2011-04-15 "Updated List of Stolen Lives with Latest In Custody Death at Sonoma County Jail"
On April 14th William Jackson, 59, died in the custody of the Sonoma County Sheriff Department. Mr. Jackson is the 42nd person to be killed by or die in the custody of law enforcement in Sonoma County since 2000. [http://pachline.org/?p=446]
The following and attached list is maintained by the Police Accountability Clinic and Helpline (www.pachline.org), please take a look at our site and consider donating to support our work.
THE SILENCE MUST END!
No more secrets. We demand timely, full disclosure of information in all police killings. These are the names of those who died at the hands of Sonoma County law enforcement, since a 1999 recommendation from the U.S. Civil Rights Commission Advisory Commission for a CIVILIAN REVIEW BOARD:
1. Philip Medina, 48, January 17, 2000 in custody Sonoma County Sheriff
2. James Curran, 51, March 19, 2000 in custody Sonoma County Sheriff
3. Erin Colleen McDonald, 31, April 20, 2000 shot five times Windsor Police* Fuston/Howard
4. Todd Eugene Dieterle, 37, May, 2000 shot seven times SRJC Police
5. Robert Comacho, 35, May 5, 2000 shot Rohnert Park Police
6. Patrick McLoughlin, 19, October 23, 2001 gunfire exchange Petaluma Police
7. Luis Solaro Gonzalez, 23, February 28, 2002 in custody Sonoma County Sheriff
8. Thomas John Connelly, 49, May 8, 2002 in custody Sonoma County Sheriff
9. Serena Roxanne Case, 32, January 16, 2003 in custody Sonoma County Sheriff
10. Keith Thompson Suite, 42, April 8, 2003 injured in custody Sonoma County Sheriff
11. Seth Micha Warde, 22, July 10, 2003 traffic stop CHP
12. Anthony Zakharoff, 49, July 27, 2003 in custody Sonoma County Sheriff
13. Michael W. Behringh, 52, November 18, 2003 in custody Sonoma County Sheriff
14. Joseph A. Peay, 35, September 18, 2004 shot 10 times Sheriff/CHP
15. Kenneth Hugh Duncan, 62, November 11, 2004 shot nine times Sonoma County Sheriff
16. April Hanlon 35, November 25, 2004 gunfire Sonoma County Sheriff
17. Terry Lee Grinner, Jr., 30, January 25, 2005 shot twice Rohnert Park Police
18. Carlos Casillas Fernandez, 31, July 16, 2005 tasered 6x Santa Rosa Police
19. James Anthony DeCosta, 72, October 1, 2005 shot 27 times Petaluma Police
20. James Richard Nace, 42, December 10, 2005 shot Sonoma County Sheriff
21. Moses McDowell, 29, November 6, 2006 in custody Sonoma County Sheriff
22. Haki Thurston, 22, February 23, 2007 shot 27 times Santa Rosa SWAT
23. Jeremiah Chass, 16, March 12, 2007 shot 8 times Sonoma County Sheriff
24. Richard DeSantis, 30, April 9, 2007 shot twice Santa Rosa Police
25. Walter L. Heller, 55, April 22, 2007 tasered twice Petaluma Police
26. Luis Felipe Sanchez, 27, May 4, 2007 shot 21 times Sonoma County Sheriff
27. Richard Lamont Williamson, 54, June 17, 2007 in custody Sonoma County Sheriff
28. Ryan George, 22, July 9, 2007 in custody Sonoma County Sheriff
29. William Townsley, 46, September 24, 2007 in custody Sonoma County Sheriff
30. James Marrufo, 48, December 1, 2007 in custody Sonoma County Sheriff
31. Jesse Hamilton, 24, January 2, 2008 shot Santa Rosa Police
32. Samuel Castillo-Martinez, 36, March 13, 2008 in custody Sonoma County Sheriff
33. Heather Smith-Billings, 31, March 16, 2008 shot Rohnert Park Police
34. Leonardo Pacheco, 39, April 21, 2008 in custody Sonoma County Sheriff
35. Guy James Fernandez, 52, November 9, 2008 stun gun Rohnert Park Police
36. Craig Von Dohlen 37, December 7, 2008 shot Sonoma County Sheriff
37. Nathan B Vaughn, 39, December 20, 2008 tasered 3x Sonoma County Sheriff
38. Jon Gerald Moore, 44, September 18, 2009 in custody Sonoma County Sheriff
39. Teresa Ellen Hagan, 49, January 21, 2010 in custody Sonoma County Sheriff
40. Albert Mike Leday, Jr, 49, June 1, 2010 shot 3x Sonoma County Sheriff *Fuston
41. Nicodemus Sullivan, 24, October 29, 2010 shot at 42 times Sheriff and CHP
42. William Jackson, 59, April 14, 2011 in custody Sonoma County Sheriff
On April 14th William Jackson, 59, died in the custody of the Sonoma County Sheriff Department. Mr. Jackson is the 42nd person to be killed by or die in the custody of law enforcement in Sonoma County since 2000. [http://pachline.org/?p=446]
The following and attached list is maintained by the Police Accountability Clinic and Helpline (www.pachline.org), please take a look at our site and consider donating to support our work.
THE SILENCE MUST END!
No more secrets. We demand timely, full disclosure of information in all police killings. These are the names of those who died at the hands of Sonoma County law enforcement, since a 1999 recommendation from the U.S. Civil Rights Commission Advisory Commission for a CIVILIAN REVIEW BOARD:
1. Philip Medina, 48, January 17, 2000 in custody Sonoma County Sheriff
2. James Curran, 51, March 19, 2000 in custody Sonoma County Sheriff
3. Erin Colleen McDonald, 31, April 20, 2000 shot five times Windsor Police* Fuston/Howard
4. Todd Eugene Dieterle, 37, May, 2000 shot seven times SRJC Police
5. Robert Comacho, 35, May 5, 2000 shot Rohnert Park Police
6. Patrick McLoughlin, 19, October 23, 2001 gunfire exchange Petaluma Police
7. Luis Solaro Gonzalez, 23, February 28, 2002 in custody Sonoma County Sheriff
8. Thomas John Connelly, 49, May 8, 2002 in custody Sonoma County Sheriff
9. Serena Roxanne Case, 32, January 16, 2003 in custody Sonoma County Sheriff
10. Keith Thompson Suite, 42, April 8, 2003 injured in custody Sonoma County Sheriff
11. Seth Micha Warde, 22, July 10, 2003 traffic stop CHP
12. Anthony Zakharoff, 49, July 27, 2003 in custody Sonoma County Sheriff
13. Michael W. Behringh, 52, November 18, 2003 in custody Sonoma County Sheriff
14. Joseph A. Peay, 35, September 18, 2004 shot 10 times Sheriff/CHP
15. Kenneth Hugh Duncan, 62, November 11, 2004 shot nine times Sonoma County Sheriff
16. April Hanlon 35, November 25, 2004 gunfire Sonoma County Sheriff
17. Terry Lee Grinner, Jr., 30, January 25, 2005 shot twice Rohnert Park Police
18. Carlos Casillas Fernandez, 31, July 16, 2005 tasered 6x Santa Rosa Police
19. James Anthony DeCosta, 72, October 1, 2005 shot 27 times Petaluma Police
20. James Richard Nace, 42, December 10, 2005 shot Sonoma County Sheriff
21. Moses McDowell, 29, November 6, 2006 in custody Sonoma County Sheriff
22. Haki Thurston, 22, February 23, 2007 shot 27 times Santa Rosa SWAT
23. Jeremiah Chass, 16, March 12, 2007 shot 8 times Sonoma County Sheriff
24. Richard DeSantis, 30, April 9, 2007 shot twice Santa Rosa Police
25. Walter L. Heller, 55, April 22, 2007 tasered twice Petaluma Police
26. Luis Felipe Sanchez, 27, May 4, 2007 shot 21 times Sonoma County Sheriff
27. Richard Lamont Williamson, 54, June 17, 2007 in custody Sonoma County Sheriff
28. Ryan George, 22, July 9, 2007 in custody Sonoma County Sheriff
29. William Townsley, 46, September 24, 2007 in custody Sonoma County Sheriff
30. James Marrufo, 48, December 1, 2007 in custody Sonoma County Sheriff
31. Jesse Hamilton, 24, January 2, 2008 shot Santa Rosa Police
32. Samuel Castillo-Martinez, 36, March 13, 2008 in custody Sonoma County Sheriff
33. Heather Smith-Billings, 31, March 16, 2008 shot Rohnert Park Police
34. Leonardo Pacheco, 39, April 21, 2008 in custody Sonoma County Sheriff
35. Guy James Fernandez, 52, November 9, 2008 stun gun Rohnert Park Police
36. Craig Von Dohlen 37, December 7, 2008 shot Sonoma County Sheriff
37. Nathan B Vaughn, 39, December 20, 2008 tasered 3x Sonoma County Sheriff
38. Jon Gerald Moore, 44, September 18, 2009 in custody Sonoma County Sheriff
39. Teresa Ellen Hagan, 49, January 21, 2010 in custody Sonoma County Sheriff
40. Albert Mike Leday, Jr, 49, June 1, 2010 shot 3x Sonoma County Sheriff *Fuston
41. Nicodemus Sullivan, 24, October 29, 2010 shot at 42 times Sheriff and CHP
42. William Jackson, 59, April 14, 2011 in custody Sonoma County Sheriff
Wednesday, March 9, 2011
2011-03-09 "Contra Costa Sheriff's Deputy Implicated In 'Dirty DUI' Arrests" from "KTVU Channel 2 News"
[http://www.ktvu.com/news/27140621/detail.html]
CONTRA COSTA COUNTY, Calif. -- A Contra Costa County sheriff's deputy who was arrested Friday on drug charges had allegedly been working with a Concord-based private investigator to conduct so-called "dirty DUI" stops on clients' husbands to damage their reputations, an investigator said in an affidavit.
In one of the cases, the target was cheating on his wife and the deputy was looking to "dirty him up" for a future legal battle, according to the affidavit.
The deputy, Stephen Tanabe, a 47-year-old Alamo resident, was arrested Friday night on suspicion of possessing and selling a controlled substance, sheriff's spokesman Jimmy Lee said.
He may also face charges of conspiracy and extortion in connection with the alleged drunken driving stops, prosecutor Harold Jewett said today.
In an affidavit for a search warrant dated March 4, Contra Costa County sheriff's Detective Sgt. Jason Vorhauer wrote that a reserve deputy named William Howard had approached him and said he had been on patrol with Tanabe in Danville on Jan. 14 when one of the "dirty DUI" stops was conducted.
Howard told Vorhauer that Tanabe had received eight to 10 phone calls from someone he called his "PI friend," later identified as Christopher Butler, regarding a man who was allegedly drinking alcohol at a local wine bar called The Vine.
Butler, 49, was arrested Feb. 16 along with 49-year-old Norman Wielsch, the commander of the state-run Central Contra Costa County Narcotic Enforcement Team, or CNET.
Prosecutors have alleged that Wielsch stole drugs from law enforcement evidence lockers and gave them to Butler, who sold them through his private investigator business.
The pair have pleaded not guilty to 28 charges, including conspiracy; selling methamphetamine, marijuana and steroids; and possessing methamphetamine, marijuana and steroids for sale.
During their arraignment last week, prosecutor Jun Fernandez alleged that Butler hired attractive women to lure his targets to local bars and invite them to drink. Butler would then allegedly contact local law enforcement officers and have the men arrested for drunken driving, Fernandez said.
Vorhauer wrote in his affidavit that Howard told him Butler had been parked in a Hummer near the bar on the night of the Jan. 14 "dirty DUI" arrest and had given Tanabe a description of the subject's vehicle. When the man came out of the bar, Butler alerted Tanabe, according to the account.
Tanabe, who was in a patrol car, followed the man until he made a right turn without signaling and pulled him over, according to the document. After the stop, Tanabe arrested the man on suspicion of drunken driving.
Tanabe later allegedly told Howard that it was all a setup, according to the affidavit.
Investigators later learned that the wife of the man who was targeted had allegedly paid Butler $5,000 to conduct an investigation into her husband's activities.
A district attorney's investigator told Vorhauer that a search of Butler's cell phone confirmed that Butler and Tanabe had made arrangements by text message to have the man arrested, according to the affidavit.
Cell phone records also confirmed that they had arranged by text to have another man arrested on Jan. 9, according to Vorhauer.
A second deputy, identified in the affidavit as Tom Henderson, told Vorhauer of a third DUI arrest he had been involved in with Tanabe.
Henderson said that on March 2, he had received a call from Tanabe, who said he was off duty in a bar in downtown Danville and a man he identified by name was drinking heavily and would be leaving soon, according to the affidavit.
Tanabe allegedly explained to Henderson that the man was cheating on his wife and he and Butler wanted to "'dirty him up' for a future court case," the affidavit states.
Henderson waited for the man to leave the bar and then pulled him over for speeding, determined he was drunk and arrested him on suspicion of DUI, according to the affidavit.
"It is my opinion that Deputy Tanabe has abused his police powers and has been acting as an agent of Butler while on duty as an Officer of the City of Danville," Vorhauer wrote.
Danville is one of several cities in Contra Costa County that contract with the sheriff's office for police services.
According to the affidavit, Howard also told Vorhauer that on the day Wielsch and Butler were arrested, Tanabe allegedly went to Howard's house and told him he was worried his house would be searched during the investigation.
Tanabe allegedly asked Howard if he could store an item at his house while the investigation was going on, the affidavit stated.
Howard later turned that item in to investigator, who determined that it was an illegal assault rifle, according to the affidavit.
Jewett, who is overseeing the case while Fernandez is out of town, said that since Tanabe posted $260,000 bail on Saturday, there is no urgent deadline to file charges.
Jewett said he does not expect to file charges against him this week, since the investigation is still under way.
Wielsch and Butler are scheduled to return to court April 21 to set a date for a preliminary hearing.
[http://www.ktvu.com/news/27140621/detail.html]
CONTRA COSTA COUNTY, Calif. -- A Contra Costa County sheriff's deputy who was arrested Friday on drug charges had allegedly been working with a Concord-based private investigator to conduct so-called "dirty DUI" stops on clients' husbands to damage their reputations, an investigator said in an affidavit.
In one of the cases, the target was cheating on his wife and the deputy was looking to "dirty him up" for a future legal battle, according to the affidavit.
The deputy, Stephen Tanabe, a 47-year-old Alamo resident, was arrested Friday night on suspicion of possessing and selling a controlled substance, sheriff's spokesman Jimmy Lee said.
He may also face charges of conspiracy and extortion in connection with the alleged drunken driving stops, prosecutor Harold Jewett said today.
In an affidavit for a search warrant dated March 4, Contra Costa County sheriff's Detective Sgt. Jason Vorhauer wrote that a reserve deputy named William Howard had approached him and said he had been on patrol with Tanabe in Danville on Jan. 14 when one of the "dirty DUI" stops was conducted.
Howard told Vorhauer that Tanabe had received eight to 10 phone calls from someone he called his "PI friend," later identified as Christopher Butler, regarding a man who was allegedly drinking alcohol at a local wine bar called The Vine.
Butler, 49, was arrested Feb. 16 along with 49-year-old Norman Wielsch, the commander of the state-run Central Contra Costa County Narcotic Enforcement Team, or CNET.
Prosecutors have alleged that Wielsch stole drugs from law enforcement evidence lockers and gave them to Butler, who sold them through his private investigator business.
The pair have pleaded not guilty to 28 charges, including conspiracy; selling methamphetamine, marijuana and steroids; and possessing methamphetamine, marijuana and steroids for sale.
During their arraignment last week, prosecutor Jun Fernandez alleged that Butler hired attractive women to lure his targets to local bars and invite them to drink. Butler would then allegedly contact local law enforcement officers and have the men arrested for drunken driving, Fernandez said.
Vorhauer wrote in his affidavit that Howard told him Butler had been parked in a Hummer near the bar on the night of the Jan. 14 "dirty DUI" arrest and had given Tanabe a description of the subject's vehicle. When the man came out of the bar, Butler alerted Tanabe, according to the account.
Tanabe, who was in a patrol car, followed the man until he made a right turn without signaling and pulled him over, according to the document. After the stop, Tanabe arrested the man on suspicion of drunken driving.
Tanabe later allegedly told Howard that it was all a setup, according to the affidavit.
Investigators later learned that the wife of the man who was targeted had allegedly paid Butler $5,000 to conduct an investigation into her husband's activities.
A district attorney's investigator told Vorhauer that a search of Butler's cell phone confirmed that Butler and Tanabe had made arrangements by text message to have the man arrested, according to the affidavit.
Cell phone records also confirmed that they had arranged by text to have another man arrested on Jan. 9, according to Vorhauer.
A second deputy, identified in the affidavit as Tom Henderson, told Vorhauer of a third DUI arrest he had been involved in with Tanabe.
Henderson said that on March 2, he had received a call from Tanabe, who said he was off duty in a bar in downtown Danville and a man he identified by name was drinking heavily and would be leaving soon, according to the affidavit.
Tanabe allegedly explained to Henderson that the man was cheating on his wife and he and Butler wanted to "'dirty him up' for a future court case," the affidavit states.
Henderson waited for the man to leave the bar and then pulled him over for speeding, determined he was drunk and arrested him on suspicion of DUI, according to the affidavit.
"It is my opinion that Deputy Tanabe has abused his police powers and has been acting as an agent of Butler while on duty as an Officer of the City of Danville," Vorhauer wrote.
Danville is one of several cities in Contra Costa County that contract with the sheriff's office for police services.
According to the affidavit, Howard also told Vorhauer that on the day Wielsch and Butler were arrested, Tanabe allegedly went to Howard's house and told him he was worried his house would be searched during the investigation.
Tanabe allegedly asked Howard if he could store an item at his house while the investigation was going on, the affidavit stated.
Howard later turned that item in to investigator, who determined that it was an illegal assault rifle, according to the affidavit.
Jewett, who is overseeing the case while Fernandez is out of town, said that since Tanabe posted $260,000 bail on Saturday, there is no urgent deadline to file charges.
Jewett said he does not expect to file charges against him this week, since the investigation is still under way.
Wielsch and Butler are scheduled to return to court April 21 to set a date for a preliminary hearing.
Tuesday, March 1, 2011
2011-03-01 "Poccia shooting far from justified" letter by Peyton Fatherree to the editor of "Napa Valley Register" newspaper
[http://napavalleyregister.com/news/opinion/mailbag/article_ac06c78c-43ba-11e0-bd57-001cc4c002e0.html]
I am a resident of Napa County and reside in Napa, across the street from where Richard Poccia lived. That the Napa County District Attorney’s Office found that the shooting of Mr. Poccia was in reasonable self defense is absurd. The statement issued by DA itself points to an error in judgment (the officer thought the 4-inch folded knife was a gun) which would make the shooting not reasonable, but a horrible mistake, at best.
One of our citizens was shot dead in the middle of the street in Napa County and the official response is that, that was OK, that was a reasonable response. It is not OK and the credibility of the Sheriff’s Department, the District Attorney’s Office and of course, the Napa Police Department have been irreparably damaged. At best this was a horrible mistake and tragic for all involved, but for an act such as this to be glossed over and termed justified is inexcusable and clearly exhibits the difference between the laws the citizens of Napa County are held to and those the government is allowed to follow. Is our justice system so weak that it cannot apply to all? Are we afraid that any admission of error would deflate our system? Can we not even tolerate the admission of a mistake? It is difficult to believe that these findings are the result of any rigorous endeavor to unveil the truth.
I am outraged and so should be every government official and resident who cares about freedom, civil rights and honest law enforcement in our county. I believe that it is critical that law enforcement is honest and responsive to those they serve. This finding makes a mockery of this idea and of the justice. Shooting and killing a citizen because he has been drinking or lunges at four police officers or has a 4-inch knife is not acceptable for anyone in our society and totally indefensible. Think about what response this incident would receive were it not an officer-involved shooting.
I was questioned the day of the shooting, but no one cared to answer my question of why when I ran to see what had happened, I saw my neighbor lying dead in the street with his hands handcuffed behind his back.
(Editor’s note: According to Napa Police Department Cpt. Jeff Troendly, it is standard operating procedure to handcuff a suspect after the suspect has exhibited any aggressive behavior, even if the suspect has subsequently been wounded.)
(Fatherree lives in Napa.)
[http://napavalleyregister.com/news/opinion/mailbag/article_ac06c78c-43ba-11e0-bd57-001cc4c002e0.html]
I am a resident of Napa County and reside in Napa, across the street from where Richard Poccia lived. That the Napa County District Attorney’s Office found that the shooting of Mr. Poccia was in reasonable self defense is absurd. The statement issued by DA itself points to an error in judgment (the officer thought the 4-inch folded knife was a gun) which would make the shooting not reasonable, but a horrible mistake, at best.
One of our citizens was shot dead in the middle of the street in Napa County and the official response is that, that was OK, that was a reasonable response. It is not OK and the credibility of the Sheriff’s Department, the District Attorney’s Office and of course, the Napa Police Department have been irreparably damaged. At best this was a horrible mistake and tragic for all involved, but for an act such as this to be glossed over and termed justified is inexcusable and clearly exhibits the difference between the laws the citizens of Napa County are held to and those the government is allowed to follow. Is our justice system so weak that it cannot apply to all? Are we afraid that any admission of error would deflate our system? Can we not even tolerate the admission of a mistake? It is difficult to believe that these findings are the result of any rigorous endeavor to unveil the truth.
I am outraged and so should be every government official and resident who cares about freedom, civil rights and honest law enforcement in our county. I believe that it is critical that law enforcement is honest and responsive to those they serve. This finding makes a mockery of this idea and of the justice. Shooting and killing a citizen because he has been drinking or lunges at four police officers or has a 4-inch knife is not acceptable for anyone in our society and totally indefensible. Think about what response this incident would receive were it not an officer-involved shooting.
I was questioned the day of the shooting, but no one cared to answer my question of why when I ran to see what had happened, I saw my neighbor lying dead in the street with his hands handcuffed behind his back.
(Editor’s note: According to Napa Police Department Cpt. Jeff Troendly, it is standard operating procedure to handcuff a suspect after the suspect has exhibited any aggressive behavior, even if the suspect has subsequently been wounded.)
(Fatherree lives in Napa.)
Thursday, February 17, 2011
2011-02-17 "Head of drug task force arrested on drug charges"
[http://www.insidebayarea.com/top-stories/ci_17404537]
MARTINEZ -- The commander of a Contra Costa County drug task force and the head of a high-profile, Concord-based private investigative firm were arrested Wednesday on allegations they conspired to sell drugs, authorities said.
The revelation and potential blow to the credibility of any investigations involving the two are still being gauged.
Norman Wielsch, commander of the state Department of Justice's Central Contra Costa County Narcotics Enforcement Team, or CNET, and Chris Butler, who runs the investigative firm Butler and Associates, were arrested together in Benicia by federal agents Wednesday morning after an investigation that began in January, said DOJ special agent Michelle Gregory, spokeswoman for the Bureau of Narcotics Enforcement.
Both men were booked into County Jail in Martinez on as many as 25 suspected felony offenses, including possessing, transporting and selling marijuana, methamphetamine and steroids, and embezzlement, second-degree burglary and conspiracy.
Wielsch, a 49-year-old Antioch resident, is being held on $660,000 bail. Butler, 49, of Concord, is being held on $840,000 bail. They are both former veteran Antioch police officers who worked from the late 1990s to when they entered their respective positions.
Both men declined jail interview requests Wednesday. Media inquiries on Butler's website were referred to a Beverly Hills public relations agency, which said it no longer represented him.
Wielsch has been with the Bureau of Narcotics Enforcement for 12 years. To Gregory's knowledge, this is the first time a DOJ narcotics agent has been arrested under these circumstances.
"It's not reflective of our agency or our agents," she said.
There was no immediate word on who would replace Wielsch as head of the county task force, Gregory said.
As CNET commander, one of dozens of task forces run by the DOJ and staffed by officers from local police departments, Wielsch oversaw hundreds, if not thousands, of drug investigations in Contra Costa County.
Wielsch's arrest could have ramifications on criminal cases litigated in Contra Costa, said Concord private attorney Dirk Manoukian, a former deputy district attorney who has both prosecuted and defended individuals in CNET cases.
As the drug task force supervisor, Wielsch would traditionally have a limited role in investigations. As city budgets have dwindled, however, police agencies in the county have assigned fewer officers to the unit, which could have necessitated a more active role by Wielsch, Manoukian said.
"Your main concern from the standpoint of a prosecutor or a defense attorney is how centrally involved was he in the fact-gathering aspect in the case," Manoukian said. "With any fact that you can't corroborate through something else, or you can't prove through something else, you are going to have a credibility problem.
"Even though, right now, there are just pending charges, there are going to be police reports that allege serious felony conduct," Manoukian said. "If he's named as a witness (in another criminal case), a defense attorney will get those reports and (present them as evidence). They don't need a felony conviction."
Butler has made a name for himself as the head of his self-named private investigative firm, which he opened in 2002. Last year, his firm was adorned with national media attention for employing mothers as private investigators, touting their strengths in intuition and persuasion. The aptly called "PI Moms" are the subject of an upcoming reality television show, according to their website.
DOJ agents began investigating Wielsch and Butler in January after receiving a tip about potential drug sales, Gregory said. On Wednesday, agents were executing search warrants around Contra Costa County related to the case.
The Contra Costa District Attorney's Office will likely review and assess any charges brought against Wielsch and Butler, Gregory said.
No one reached at the District Attorney's Office on Wednesday would comment.
[http://www.insidebayarea.com/top-stories/ci_17404537]
MARTINEZ -- The commander of a Contra Costa County drug task force and the head of a high-profile, Concord-based private investigative firm were arrested Wednesday on allegations they conspired to sell drugs, authorities said.
The revelation and potential blow to the credibility of any investigations involving the two are still being gauged.
Norman Wielsch, commander of the state Department of Justice's Central Contra Costa County Narcotics Enforcement Team, or CNET, and Chris Butler, who runs the investigative firm Butler and Associates, were arrested together in Benicia by federal agents Wednesday morning after an investigation that began in January, said DOJ special agent Michelle Gregory, spokeswoman for the Bureau of Narcotics Enforcement.
Both men were booked into County Jail in Martinez on as many as 25 suspected felony offenses, including possessing, transporting and selling marijuana, methamphetamine and steroids, and embezzlement, second-degree burglary and conspiracy.
Wielsch, a 49-year-old Antioch resident, is being held on $660,000 bail. Butler, 49, of Concord, is being held on $840,000 bail. They are both former veteran Antioch police officers who worked from the late 1990s to when they entered their respective positions.
Both men declined jail interview requests Wednesday. Media inquiries on Butler's website were referred to a Beverly Hills public relations agency, which said it no longer represented him.
Wielsch has been with the Bureau of Narcotics Enforcement for 12 years. To Gregory's knowledge, this is the first time a DOJ narcotics agent has been arrested under these circumstances.
"It's not reflective of our agency or our agents," she said.
There was no immediate word on who would replace Wielsch as head of the county task force, Gregory said.
As CNET commander, one of dozens of task forces run by the DOJ and staffed by officers from local police departments, Wielsch oversaw hundreds, if not thousands, of drug investigations in Contra Costa County.
Wielsch's arrest could have ramifications on criminal cases litigated in Contra Costa, said Concord private attorney Dirk Manoukian, a former deputy district attorney who has both prosecuted and defended individuals in CNET cases.
As the drug task force supervisor, Wielsch would traditionally have a limited role in investigations. As city budgets have dwindled, however, police agencies in the county have assigned fewer officers to the unit, which could have necessitated a more active role by Wielsch, Manoukian said.
"Your main concern from the standpoint of a prosecutor or a defense attorney is how centrally involved was he in the fact-gathering aspect in the case," Manoukian said. "With any fact that you can't corroborate through something else, or you can't prove through something else, you are going to have a credibility problem.
"Even though, right now, there are just pending charges, there are going to be police reports that allege serious felony conduct," Manoukian said. "If he's named as a witness (in another criminal case), a defense attorney will get those reports and (present them as evidence). They don't need a felony conviction."
Butler has made a name for himself as the head of his self-named private investigative firm, which he opened in 2002. Last year, his firm was adorned with national media attention for employing mothers as private investigators, touting their strengths in intuition and persuasion. The aptly called "PI Moms" are the subject of an upcoming reality television show, according to their website.
DOJ agents began investigating Wielsch and Butler in January after receiving a tip about potential drug sales, Gregory said. On Wednesday, agents were executing search warrants around Contra Costa County related to the case.
The Contra Costa District Attorney's Office will likely review and assess any charges brought against Wielsch and Butler, Gregory said.
No one reached at the District Attorney's Office on Wednesday would comment.
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