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Marysville, Seattle, USA -- Jordan Luton was finishing his lunch in the cafeteria at Washington state's Marysville-Pilchuck High School on Friday when he heard it -- a loud bang. Then there was another. And another. And another. And another. What he saw was freshman Jaylen Fryberg go up to a table with students, "came up from behind ... and fired about six bullets into the backs of them," Luton told media sources. "They were his friends, so it wasn't just random." More News @Corrupt Justice™ from More videos @The Attorney Depot™ and Follow us @Twitter Check our Editor's Reading List on Scribd.

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Wednesday, December 23, 2009

Schoolyard Predators (and the Doctor)! - Part II




«•December 24, 2009•»
• Murder
• Rape
• Sexual Assault
• Domestic Violence
• Corruption
• Racism
• Sexual Harassment
• Dishonesty
• Drug Dealing
• Pimping & Pandering
• Child Molestation
• Perjury
Full Stories coming to Corrupt Justice soon!

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• Corrupt Judges!
• Corrupt Lawyers!
• Corrupt Government Officials!

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Top News Story!


Cal Locker Room Bandit!


October 13, 2010

A man dressed like a woman has used a cell phone to photograph women in a UC Berkeley locker room twice this month, according to a university crime alert posted online. On Oct. 4 at 9:20 p.m. and again on Oct. 6 at 4:30 p.m., the man disguised as a woman was discovered in the Recreational Sports Facility women's locker room. In both instances, the man fled. Details about his disguise were not immeidately available. No one was physically contacted or injured. The suspect was described as short, in his 20s, with a thin build and dark brown or black hair. After each occurrence, university police searched the area but did not find the man. No one was physically contacted or injured, police said.

CDC Inmate Melissa Huckaby!


June 15, 2010


STOCKTON — Melissa Huckaby (child rapist-killer, pictured left) sobbed on Monday while a slide show about Sandra Cantu, the girl she murdered, was played Monday in the San Joaquin Superior Court in Stockton.

A newly released court document shows that Melissa Huckaby drugged her 8-year-old neighbor, Sandra Cantu, and sexually assaulted her with a rolling pin before stuffing her body into a suitcase and throwing it into a Tracy irrigation pond last year. Sandra's body was found with a blood-soaked cloth knotted into a noose, and her official cause of death was listed as "homicidal asphyxiation," according to court records that had previously been under gag order. At a press conference, prosecutor Thomas Testa said there was evidence of isopropyl alcohol on the cloth, which authorities believed was used to smother the girl.

Facing a sentence of life in prison without parole, Melissa Huckaby apologized this morning for kidnapping and killing Sandra. "I wish I can bring Sandra back, but I can't," said a weeping Huckaby, who was shackled at the feet and dressed in a red jail jumpsuit. Huckaby said she still cannot understand why she committed the crime, but that Sandra did not suffer (Melissa's kidding) and, contrary to reports, was not sexually molested.






For her crimes, Huckaby, a 29-year-old former Sunday school teacher, will spend of the rest of her natural life in prison without the possibility of parole. In a surprise move, she pleaded guilty last month to murdering and kidnapping Sandra. In exchange, prosecutors took the death penalty off the table and dropped sexual abuse charges. Also dropped were charges in two unrelated drugging cases involving another Tracy girl and a Hayward man whom police today said was her ex-boyfriend. A theft case she was facing from Tracy was terminated.


Predator coming
to a Neighborhood
Near You!


May 26, 2010



Donald Schmidt (pictured above, center) was convicted of sodomizing and drowning a toddler in the bathtub of a Lompico cabin in 1988. Schmidt, 38, and the oldest ward of the state, is set to be paroled in a month to a group home in Lancaster. In 1988, Schmidt, then a 16-year-old Fremont runaway high on methamphetamine, sodomized a 3-year-old girl and drowned her in a bathtub at a Lompico house where he was a guest.

The next year, he was convicted as a juvenile and entered the California Youth Authority, where juveniles are typically not incarcerated beyond age 25. The Santa Cruz County District Attorney's Office relied on a little-used provision of state law to extend his incarceration because attorney's there believe his mental disorders make him a danger to the public.

Eleven months ago the D.A.'s Office cut a deal with Schmidt. He would serve one more year in the California Division of Juvenile Justice, then be on parole for three years and abide by a long list of conditions. Schmidt has been diagnosed as a sexual sadist, pedophile and sociopath. A judge ruled in 1989 that Schmidt had been charged with the wrong sex crime and an appeals court overturned the sodomy conviction, meaning he will not have to register as a sex offender when released.

151 YEARS!


December 25, 2009

A school bus driver convicted of molesting and taking pornographic photos of young girls has been sentenced to 151 years to life in prison. Orange County prosecutors say Buena Park resident Terry Lee Shields (pictured left) was convicted of 15 felonies earlier this month, including kidnapping and forcible lewd acts on a minor. Shields molested the girls, had them pose for graphic photos, and was later caught looking at child pornography at Bellflower cyber cafe.

The 55-year-old's victims were 5, 7 and 11 years old, and two of them were abused over a period of three years. In a plea for harsh sentencing, the mother of the 5-year-old said at Thursday's hearing that her daughter is mentally disabled and the full extent of her injury may never be known.

Dr. Pervo!


December 23, 2009

GEORGETOWN, Del. – Dr. Earl Bradley (pictured left) a pediatrician is charged with sexually abusing his child patients. State Prosecutors say it is likely the pediatrician attacked more than 100 children at an office he had decked out with a merry-go-round and a ferris wheel. According to a deputy attorney general assigned to Delaware's Child Predator Task Force, the volume of evidence seized from the doctor's practice and home, including graphic video tapes and computer files, makes it difficult to estimate the exact number of victims. "I'm comfortable in saying probably well over 100 potential victims," the same official said at a news conference with Attorney General Beau Biden state officials. "As of this moment, we have not identified all of the victims in this case, and the investigation is ongoing in an aggressive fashion," Biden said. The media, on Tuesday, cited a detective's sworn statement that said evaluation of seized video files and software has discovered 15 more unidentified victims.

Police say Bradley used video cameras to record some of the attacks. An 18-page document detailed the alleged attacks in exam rooms, which had Disney themes such as Pinocchio, at BayBees Pediatrics, Bradley's solo practice. A detective who viewed the assaults described in court papers the 6-foot, 225-pound Bradley as having a "violently enraged expression on his face" in one video involving a 2-year-old.

The criminal investigation is focusing on cases between 1998 and the present. Bradley, 56, was arrested last week and is being held in prison on $2.9 million bond. He has been charged with 33 felony counts relating to seven victims. The alleged crimes cited in court papers happened between August and December 2009. Police said they learned of the alleged abuse when a 2-year-old girl told her mother that the doctor had hurt her during a Dec. 7, 2009 appointment.

The case is even more chilling because some alleged victims are no more than 6 months old. "It's horrific," said Wallace Hudson, vice president of Beebe Medical Center just blocks from Bradley's home. Bradley had privileges at the hospital which were immediately suspended when he was arrested. Pennsylvania's state board of medicine also announced an immediate temporary suspension of Bradley's license there. Hudson said Bradley had been in the area since 1994. He said the hospital has arranged for counseling for patients and their parents. He also said doctors who already have full practices have arranged to take Bradley's patients, who he estimated "runs in the thousands." Bradley also had medical licenses in Florida and New Jersey. "We are looking into that at this time," authorities said.

Bradley's office was known for its many toys and the rides he had in front. On Wednesday, the deserted office looked more like a small run-down carnival than a pediatric office, including a small merry-go-round and Ferris wheel. A pink sign in front of one building read: "Princess Parking only. All Others will be toad."

Mike Duckworth, treasurer of the Bethel United Methodist Church near Bradley's home, said the charges have brought "a lot of shock" in the neighborhood and to the parents of children in the church's preschool program. "There was a time when Dr. Bradley was the new and exciting pediatrician in town," Duckworth said. Duckworth said his granddaughter had two appointments with Bradley, but his daughter decided to get a new doctor about four years ago after Bradley asked to see the girl alone. "There was a point in the examination when he wanted to take my granddaughter away and my daughter wouldn't let him do that," Duckworth said.

A preliminary hearing Wednesday was postponed until Jan. 14, 2009. His attorney did not immediately return a call seeking comment. A deputy attorney general, said Bradley was not brought to the courthouse for Wednesday's hearing because corrections officials are "concerned about his mental state right now," adding that there were concerns the doctor was suicidal.


Prof. Pervo back in the classroom!


December 23, 2009

“There’s no reason why [district administrators] could claim that they didn’t know what was going on — except incompetence. They knew what was going on, they just passed him on anyway. ... Somebody had to call up and say, ‘Put this guy back in a position[.]’”

-- Longtime Los Angeles Unified School teacher Mat Taylor on LAUSD's claim of ignorance about the past history of Markham Middle School molester Steven Rooney.


The L.A. Unified has continually failed to follow up on complaints against teachers who are accused of sexual abuse against students. Prosecutors rarely try extremely difficult molestation cases because they often depend heavily on the accounts of young, frightened and shame-filled victims. Once police drop charges, or prosecutors refuse to prosecute criminal actions against these teachers, L.A. Unified accepts the accused teacher back, leaving students vulnerable to molesters. Recently, three girls testified in a successful civil lawsuit against the Los Angeles Unified School district that teacher's aide Ricardo Guevara molested them. One 13-year-old on the witness stand looked to be an ordinary adolescent, her diffident smile unveiling a set of braces. Her attorney began gently, with questions about her favorite band and trips to the mall. Then he brought up "Mr. Ricardo" and second grade. The girl buried her face in her hands and sobbed.

When her mother took the stand, she testified that the girl had not been the same since the day the teacher's aide put his hands on her. "I just believe this whole thing changed her life," the mother said. "I don't see her so confident around people. . . . I believe she has no interests." A jury late last year ordered the Los Angeles Unified School District to pay nearly $1.6 million to the families of three girls molested by Ricardo Guevara, who is now serving 15 years in prison for lewd acts with a child.

But there was something the jury -- and the public -- was never told: This was the third set of accusations that Guevara had molested students. Twice before, when law enforcement officials refused to prosecute, L.A. Unified officials had quietly put him back in the classroom. Guevara's case fits a pattern, an investigation shows: Repeatedly, the district failed to follow up on sexual misconduct complaints against employees once police or prosecutors dropped criminal actions. Some ended up at new schools. In at least one instance -- involving Guevara -- the new principal had no idea of his history.

Teachers point out that students at times fabricate sexual abuse allegations. But instructors are entitled to due process, including administrative and court hearings if necessary. However, in three separate cases documented by the investigation, each of the three L.A. Unified District teachers previously accused of sex abuse, but retained as an employee, went on to be charged with or convicted of molesting a different student, other than the one who previously complained. For example:

* A L.A. Unified elementary school teacher was investigated for allegedly molesting a fourth-grader in 2001. After prosecutors declined to pursue the case, he was transferred to other schools and eventually molested a student in 2004. Convicted of a lewd act, he was sentenced to six years in prison.

* Another L.A. Unified elementary school teacher was accused in 2002 of repeatedly forcing a female student to sit on his lap and pose for a camera. Police recommended that the district pursue the issue "administratively." School leaders handled the matter by telling him to stop. The teacher later pleaded no contest to sexual abuse of a child and received 16 years in prison.

* Steve Thomas Rooney, an assistant principal at Markham Middle School in Watts, was arrested last year on suspicion of sexually assaulting a student, sparking public outrage and calls for reform. In 2007, prosecutors had declined to prosecute Rooney for allegedly waving a gun at the stepfather of a student with whom he was suspected of having had a sexual relationship.

Nothing prevents L.A. Unified from looking further into cases that police or prosecutors decline to pursue. Indeed, district policy has long required school officials to perform an independent inquiry. Under state law, the district can fire teachers for conduct it deems immoral or unprofessional, even if the acts fall short of criminality. Rooney, for instance, allegedly showed up at the house of the first student at night and drove her around in his car. Had the district substantiated this, it might have been grounds for dismissal. In the meantime, "if there's some smoke there, then we should err on the side of the security and safety of students," said district Supt. Ramon C. Cortines. That's the policy.

The reality, the investigation found, is that the district has erred on the side of protecting its staff. To protect employees' privacy, files containing past misconduct allegations generally do not follow them to a new campus, according to the district. As a result the accused is free to molest other unsuspecting students.

Rooney (pictured left) an assistant principal at the time of his arrest, was sentenced to eight years in prison for molesting four girls at two Los Angeles schools. Rooney pleaded no contest in August (2009) to four counts, including a lewd act on a child under 14. Two Markham Middle School students were molested between January and March 2008, and two others were students at Foshay Learning Center when the molestions began. Rooney worked as a teacher and later dean of students at Foshay, and as an assistant principal at Markham. He was fired by the school district after the investigation.

Until a year or so ago there was no centralized system for tracking employees accused of child molestation or other serious crimes from school to school. The district relied on index cards that were supposed to be placed in an employee's file to indicate an accusation had been made, according to sworn depositions by district personnel in various civil cases. Even that didn't always happen. "We didn't do a very good job, historically, on capturing a lot of that," David Holmquist, the district's chief operating officer, said in an interview.

Repeated accusations!


Steven Rooney!


WHEN FORMER LOS ANGELES SCHOOLS SUPERINTENDENT David Brewer declared that top district officials were unaware of the past behavior of Markham Middle School molester Steven Rooney, longtime teacher Mat Taylor claimed he was appalled. He’d known Rooney when they worked together at Fremont High School, and the picture fresh in his mind was an unpleasant one.

According to Taylor, a little over a year ago he filed an official grievance charging that Rooney exhibited violence, shoving another administrator, while he was, ironically, vice principal in charge of discipline at the sometimes troubled Fremont campus. “They had their warnings,” Taylor told the media. “There’s no reason why [district administrators] could claim that they didn’t know what was going on — except incompetence. They knew what was going on, they just passed him on anyway. ... Somebody had to call up and say, ‘Put this guy back in a position’” that resulted in his transfer to unsuspecting Markham.

Media accounts have reported that Rooney was investigated by the Los Angeles Police Department for statutory rape at Fremont [High School] before being arrested on March 4, 2009 for allegedly sexually assaulting a 13-year-old girl who attended Markham. But according to Taylor, Rooney had well-known anger-management issues at Fremont. Taylor’s allegations dispute Brewer’s premise that district administrators did not realize they had a problem on their hands when they moved Rooney to Markham. In fact, school-district policy calls for a standard of internal investigation that is far more strict than LAPD’s threshold of criminal wrongdoing.

In October 2008, a former dean pleaded no contest to failing to turn over evidence to authorities regarding an alleged sexual relationship between Steven Thomas Rooney, a former teacher at Foshay Learning Center, and a student.

Ricardo Guevara!



The first complaint against Guevara came in 1995, when the teacher's aide was working part time at the 37th Street Early Education Center in the Exposition Park area. A 9-year-old student reported that he had taken her into a closet and asked her to lower her pants, according to a sheriff's report contained in court records. The principal reported the incident to both L.A. Unified and the Los Angeles Police Department, according to police documents. But the records say the girl gave inconsistent accounts. Guevara, who denied the allegation, was never charged with a crime. He was cleared to return to work at the same school, according to court documents.

Several years later, he was hired full time at the Miramonte Early Education Center near Huntington Park. District administrators knew of the 1995 accusation, but no one informed school leaders, according to an associate principal's 2008 deposition.

In 2002, a 6-year-old accused "Mr. Ricardo" of repeatedly touching her groin during class one day. Guevara was removed from the school and assigned to a district office where he had no access to children, while sheriff's deputies investigated, according to the deposition of Elizabeth Blackwell, the associate principal. Blackwell supported him during the investigation because she thought he was a good employee, she told sheriff's investigators, according to their 2003 report filed in court.

After initially denying that he had touched the student, Guevara admitted he may have accidentally touched her crotch when several male students jumped on his back, according to the sheriff's report. Detectives forwarded the case to the district attorney's office. But with no witnesses besides the child, who over time mixed up details of what had occurred, prosecutors declined to pursue the case. Guevara returned to Miramonte to work with children.

His career as a teacher's aide ended only on Nov. 6, 2003, when a Miramonte parent reported that she had seen Guevara reach into the back of a girl's pants on the playground. The report prompted the two other girls to come forward with similar allegations. In 2005, a jury convicted Guevara of multiple counts of lewd acts with a child. Blackwell "told me she felt really bad that she allowed [Guevara] to be near the girls," the sheriff's investigator wrote in his report. In deposition testimony, the administrator said she would have supervised Guevara more closely had she known of the allegations dating to 1995.

Michael McMurray!


Even when they know about sexual abuse complaints, some school leaders rely on police to substantiate them without thoroughly following up themselves.

In 2002, a student reported that Michael McMurray, a fourth-grade teacher at Plainview Avenue Elementary School in Tujunga, had on several occasions forced a girl to sit on his lap and pose for a camera, according to school officials' later depositions and a report of suspected child abuse. Police arrived on campus to investigate but concluded that "there was nothing there," and recommended that the matter be addressed by administrators, according to the principal's later deposition.

After learning that police had been called, McMurray "fled from the school" in the middle of the day, telling his bosses later that he had had an anxiety attack, according to a police detective's deposition in 2007. School administrators did not report McMurray's behavior to police at the time, the detective said, and officers did not interview the teacher.

Principal Pamela Worden and her vice principal gave McMurray a memo telling him not to make videotapes, according to her 2007 deposition. Worden testified that she never asked to see the contents of McMurray's camera "because the idea that it would be improper photos didn't occur to us." Through a district spokeswoman, Worden declined to comment for this story, citing pending litigation

Two years later, during class, McMurray wrote a note to a fourth-grader on a Post-it, according to police documents. "Are you comfortable with me putting my hand on your knee?" he asked. He drew two boxes for her to check: "Yes" or "No." He asked a follow-up question: "Promise not to tell any one?" The girl checked no to both questions, but he rubbed her leg anyway, according to a Los Angeles police child abuse report filed in October 2004. McMurray, who molested her on at least two occasions, later pleaded no contest to sexual abuse of a child and was sentenced to 16 years in prison. Ten other girls stepped forward, complaining that they too had been touched inappropriately by McMurray, but the charges were dismissed as part of a plea agreement. At least three girls have sued the district. The girl who received the Post-it notes is now 13. Traumatized and fearful of being teased, she has struggled in school and is failing most of her classes, her grandmother said. "She has a lot of anger."

James Marlo Duffin!



The year 2006 was supposed to have been a turning point for the district. As a result of two disturbing cases, officials claimed to have tightened policies on allowing accused molesters back into classrooms. They claimed to have also underscored the importance of alerting administrators and school leaders to the potential risk.

James Marlo Duffin, a fourth-grade teacher at Middleton Elementary School in Huntington Park, had been investigated in May 2001 for allegedly touching a girl's buttocks. After prosecutors declined to take the case, Duffin's principal wrote him a letter ordering him to use better judgment and avoid putting himself in situations where students or parents could question his intent. Duffin returned to the classroom. Almost two years later, while teaching at Gulf Avenue Elementary School in Wilmington, he was accused of touching a girl's buttocks and molesting two other students.

In 2006, he was convicted of a lewd act involving one of the girls and sentenced to six years behind bars. The family of one of the other accusers sued the district and settled for $90,000. It is not clear whether Duffin's new principal had been told of the prior allegation.

Paul Thompson!


That same year the district adjusted its policies to require that campus administrators be informed when an employee was transferred as a result of sexual abuse allegations -- though principals still don't get the employee's file containing his or her history of such accusations. Moreover, the district stressed that if it determined on its own that sexual abuse had occurred, it would move to fire the employee regardless of what law enforcement decided. Also in 2006, the district paid a nearly $1.2-million settlement to a boy allegedly molested by a special education aide at Germain Street Elementary School in Chatsworth.

Even as he was applying to be a trainee at the district in 2001, the aide, Paul Thompson, was under investigation by police for allegedly raping a 10-year-old boy at a group home where he had worked. Prosecutors ultimately declined to pursue the case, citing a lack of evidence. A district background check failed to pick up on the complaint, according to later deposition testimony by a district official. Nor did the district notice that Thompson had forged a job-reference letter from his former employer at the group home.

Once hired at Haynes Elementary School in West Hills, Thompson met a 4-year-old with a learning disability, according to his mother's testimony in a later criminal case. Thompson began tutoring the boy after school and also baby-sat him. "I trusted [Thompson]. He was endorsed by L.A. Unified School District," the victim's mother testified. When the boy transferred to Germain in 2002, Thompson followed as his full-time aide.

Between July 2002 and March 2003, Thompson repeatedly forced the boy to perform sexual acts, according to amended criminal charges in 2005 alleging eight counts of lewd acts with a child. After a jury acquitted Thompson on five counts and could not agree on the other three, a mistrial was declared. In a second trial that ended in November 2005, the jury acquitted him of all remaining charges. Within a week, Thompson was reassigned to Blythe Street Elementary School in Reseda to be a special education aide to a female second-grader, according to his later testimony. It is unclear whether his new principal was told of the prior allegations. Shortly after his arrival on campus, however, an attorney for the district had Thompson pulled from the classroom because of concerns about his history. District leaders then reminded personnel administrators to warn principals about employees who had been accused of a sex offense before they were returned to the classroom.

Meanwhile, the family of the Germain student had sued the district in 2004, contending that the boy suffered from nightmares and sometimes refused to kiss his mother, fearing he still had Thompson's germs in his mouth. After the case was settled in 2006, the mother said she got a call from an L.A. Unified lawyer asking her to help the district fire Thompson by testifying in a disciplinary hearing. "It was hard to do after all they put us through in the civil" case, she said. "But I just wanted to make sure it would never happen again." Thompson was ultimately fired. The district cited his forged letter of recommendation and "molestation" of a student, records show. He could not be reached for comment.

A public outcry!



Based on the district's own policies and pronouncements, the actions of Steve Thomas Rooney should have been thoroughly scrutinized by the district in 2007. That year, before he was transferred to Markham Middle School as assistant principal, Rooney had been arrested on suspicion of assault with a deadly weapon. He allegedly brandished a handgun at the stepfather of a student who attended Foshay Learning Center in the Exposition Park area, where Rooney had been a dean. Police told senior district officials that they had found evidence in Rooney's home of a possible sexual relationship between Rooney and the student, police later told the media. But the student, 17, did not cooperate with the LAPD investigation, police said. No charges were filed. Without conducting their own investigation, L.A. Unified officials reassigned Rooney to Markham after a few months. In 2008, Rooney was arrested for allegedly kidnapping and sexually assaulting a 13-year old female student from Markham at his home.

After that arrest, he was charged with various sexual crimes involving four girls, two former students at Foshay and two at Markham. He has pleaded guilty. The second arrest prompted a public outcry. After apologizing, then-Supt. David L. Brewer issued an order making the superintendent personally responsible for deciding whether someone accused of molestation should be returned to a classroom. He also ordered improved procedures for notifying principals of new employees' past misconduct and pledged to work more closely with law enforcement. The mother of Thompson's alleged victim is skeptical of the district's promises. When a reporter talked to her earlier this year about the Rooney case, she wept. "All I wanted was to effect change," she said, referring to her cooperation with the district. But when she learned of the latest allegations against Rooney, "that's when I realized I have failed."






More Below


Tuesday, December 15, 2009

Corrupt Cops, Lawyers & Judges!



«•December 16, 2009•»

(Riverside, CA) - On December 11, 2009, a Riverside police officer was convicted of forcing a woman to perform a sex act on him so she could avoid being arrested. A seven-man, five-woman jury, however, acquitted 39-year-old Robert A. Forman of sexually assaulting another woman and deadlocked on whether he had assaulted a third. Forman, who was also convicted of a misdemeanor petty theft charge, faces up to eight years in prison when he is sentenced Jan. 11, 2010 by Riverside County Superior Court Judge John Molloy. The panel announced its findings after two and a half days of deliberations. Forman asked Molloy to permit him to remain out of custody, on $50,000 bail, until the sentencing hearing, Judge Molloy stated, “The last thing on the planet that I want to do is take Mr. Forman into custody,” but declined to allow Forman to remain free. Forman broke down in tears and asked again if he could remain free until sentencing. “Sir, the jury has spoken,” Molloy replied.

«•Full Story coming to Corrupt Justice soon!•»


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Top News Story!

Exemplary Leadership!

Posted: 05/14/2012 5:21 PM - updated on: 05/20/2012 1:28 PM PDT

New Mexico -- District Attorney Kari Brandenburg tells media sources that assistant district attorney Alisha Maestas (pictured left) has resigned after her arrest Saturday on charges of assaulting a police officer. Maestas was head of the Domestic Violence Unit in Bernalillo County. Police say Maestas was the passenger in a vehicle that was stopped Saturday on suspicion of DWI. Officers say Maestas kept getting out of the car and interfering with their investigation. That’s when they arrested her, saying they were afraid she was going to lunge at them.

Read the criminal complaint below:

Maestas Complaint


In a statement released Monday, Maestas said this:

"I have dedicated my career of 12 years to prosecution and sincerely believe that I have worked to seek justice for victims of crime in Bernalillo County. I am proud and grateful to have served the State of New Mexico in this capacity. I have tremendous respect for law enforcement officers and the job they are entrusted to do every day. I never injured or hurt any officer during this occurrence. Although I feel that I am innocent of these charges, I have resigned my position with the District Attorney's Office to maintain the integrity of the office and because I have a great deal of respect for all of the dedicated employees of the 2nd Judicial District Attorney's Office."

There is no word on who will take over Mastas' position. The DA said there is a number of supervisors within the office who will be considered.

Cal. Court Corruption!


October 5, 2010



See: Corrupt Judges, Frame-ups & Graft!

Corrupt Justice!

October 2, 2010
"The Government's protracted course of misconduct caused extraordinary prejudice to [Nino] Lyons, exhibited disregard of the Government's duties, and demonstrated contempt for this court."

-- July 2010 order by U.S. District Judge Gregory Presnell striking convicted defendant's conviction and declaring him innocent, based upon prosecutorial misconduct.

"It is of no concern to me."

-- July 2010 response by lead prosecutor Bruce Hinshelwood when asked about U.S. District Judge Presnell's ruling exonerating Lyons and declaring him innocent, based upon prosecutorial misconduct.

ORLANDO, FL — The jurors who helped put Nino Lyons in jail for three years had every reason to think that he was a drug trafficker, and, until July, no reason to doubt that justice had been done. For more than a week in 2001, the jurors listened to one witness after another, almost all of them prison inmates, describe how Lyons had sold them packages of cocaine. One said that Lyons, who ran clothing shops and nightclubs around Orlando, even tried to hire him to kill two drug suppliers. But the federal prosecutors handling the case did not let the jury hear all the facts. Instead, the prosecutors covered up evidence that could have discredited many of Lyons' accusers. They never revealed that a convict who claimed to have purchased hundreds of pounds of cocaine from Lyons struggled even to identify his photograph. And they hid the fact that prosecutors had promised to let others out of prison early in exchange for their cooperation.

Federal prosecutors are supposed to seek justice, not merely score convictions. But a media investigation found that prosecutors repeatedly have violated that duty in courtrooms across the nation. The abuses have put innocent people in prison, set guilty people free and cost taxpayers millions of dollars in legal fees and sanctions. Judges have warned for decades that misconduct by prosecutors threatens the Constitution's promise of a fair trial. Congress in 1997 enacted a law aimed at ending such abuses. Such abuses, intentional or not, doubtless infect unknown numbers of the tens of thousands of criminal cases filed in the nation's federal courts each year.

Records from the Justice Department's internal ethics watchdogs show the agency has investigated a growing number of complaints by judges about misconduct they observed. In 2001, the department investigated 42 such complaints; last year, 61. The department will not reveal how many of those prosecutors were punished because, it said, doing so would violate their privacy rights. Media sources, drawing on state bar records, identified only one federal prosecutor who was barred even temporarily from practicing law for misconduct during the past 12 years.

Media sources documented 201 criminal cases in the years that followed 1997, in which judges determined that Justice Department prosecutors — the nation's most elite and powerful law enforcement officials — themselves violated laws or ethics rules. In case after case during that time, judges blasted prosecutors for "flagrant" or "outrageous" misconduct. They caught some prosecutors hiding evidence, found others lying to judges and juries, and said others had broken plea bargains. The transgressions media sources identified were so serious that, in each case, judges threw out charges, overturned convictions or rebuked prosecutors for misconduct. And each has the potential to tarnish the reputation of the prosecutors who do their jobs honorably.

In July, U.S. District Judge Gregory Presnell did more than overturn Lyons' conviction: He declared that Lyons was innocent. Neither the Justice Department nor the lead prosecutor in the Lyons case, Bruce Hinshelwood, would explain the events that cost Lyons his home, his businesses and nearly three years of freedom. The department investigated Hinshelwood but refused to say whether he was punished; records obtained by media sources show that the agency regulating Florida lawyers ordered him to attend a one-day ethics workshop. Asked about Presnell's ruling exonerating Lyons, Hinshelwood said only, "It is of no concern to me."

The circumstances of Lyons' conviction did trouble Presnell, who oversaw his trial nine years ago. Presnell savaged the Justice Department in a written order for "a concerted campaign of prosecutorial abuse" by attorneys who, he wrote, covered up evidence and let felons lie to the jury.

Unlike local prosecutors, who often toil daily in crowded courts to untangle routine burglaries and homicides, Justice Department attorneys handle many of the nation's most complex and consequential crimes. Even high-profile cases have been affected. Last year, a judge in Washington, D.C. — saying the department could not be trusted to investigate its own prosecutors — launched his own probe of the attorneys who handled the corruption trial of former Alaska senator Ted Stevens. After a jury found Stevens guilty, the department admitted that prosecutors had hidden evidence, then dropped the charges. (Stevens died in an August plane crash.)

Stevens' lawyers question how misconduct could have tainted such a closely watched case — and what that might mean for routine prosecutions. "It's a frightening thought and calls into question the generally accepted belief that our system of justice performs at a high level and yields just results," said Brendan Sullivan, Stevens' attorney.

Pattern of 'glaring misconduct': With help from legal experts and former prosecutors, media sources spent six months examining federal prosecutors' work, reviewing legal databases, department records and tens of thousands of pages of court filings. Although the true extent of misconduct by prosecutors will likely never be known, the assessment is the most complete yet of the scope and impact of those violations. These same sources found a pattern of "serious, glaring misconduct," said Pace University law professor Bennett Gershman, an expert on misconduct by prosecutors. "It's systemic now, and … the system is not able to control this type of behavior. There is no accountability." He and Alexander Bunin, the chief federal public defender in Albany, N.Y., called the media source's findings "the tip of the iceberg" because many more cases are tainted by misconduct than are found. In many cases, misconduct is exposed only because of vigilant scrutiny by defense attorneys and judges.

They were among 47 cases sources documented in which defendants were either exonerated or set free after the violations surfaced. Among the consequences of misconduct, wrongful convictions are the most serious, said former U.S. attorney general Dick Thornburgh. He said, "No civilized society should countenance such conduct or systems that failed to prevent it."

However frequently it happens, the consequences go to the heart of the justice system's promise of fairness:

• Innocent people are punished. In Arizona, a woman spent eight years in prison for her conviction in a 2000 bank robbery because the prosecution never told her that another woman —who matched her description almost exactly — had been charged with robbing banks in the area. In Washington, D.C., a court in 2005 threw out murder charges against two men who had spent two decades in prison for a murder they didn't commit, in part because prosecutors hid evidence that two others could have committed the crime.

Even people who never spent a day in jail faced ruinous consequences: lost careers, lost savings and lost reputations. Last year, a federal appeals court wiped out Illinois businessman Charles Farinella's 2007 conviction for changing "best when purchased by" dates on bottles of salad dressing he sold to discount stores. The judges ruled that what he had done wasn't illegal and blasted lead prosecutor Juliet Sorensen for violations that robbed Farinella of a fair trial. Exoneration came too late to salvage his business or to help the 20 or so employees he had laid off. "It's the United States government against one person," Farinella said in his first public comment on the case. "They beat you down because they are so powerful. They have trillions of dollars behind them. Even someone who's innocent doesn't have much of a chance."

• Guilty people go free or face less punishment. In Puerto Rico, a federal court blocked prosecutors from seeking the death penalty for a fatal robbery because they failed to turn over evidence; the defendant was sentenced to life in prison instead. In California, a double agent accused of sharing defense secrets with China was sentenced to probation instead of prison because prosecutors refused to let her lawyer talk to her FBI handler, a key witness. Dozens of other defendants — including drug dealers and bank robbers — left prison early because their trials were tainted.

• Taxpayers foot the bill. The Justice Department has paid nearly $5.3 million to reimburse the legal bills of defendants who were wrongly accused. It has spent far more to repeat trials for people whose convictions were thrown out because of misconduct, a process that can take years, although the full price tag is impossible to tally.

In one California case, for example, it took prosecutors four years and three trials to convict a man of tax fraud. Then an appeals court set aside his conviction because it said a prosecutor "sat silently as his witness lied." The violations happened in almost every part of the nation, though sources found the most cases in federal courts in San Diego; Massachusetts; Washington, D.C.; and Puerto Rico. That pattern means misconduct is "not an isolated problem," said Laurie Levenson, a Loyola Law School professor and former federal prosecutor in Los Angeles.

Trial, jail and vindication: The American legal system puts enormous faith in juries: Give 12 men and women the facts, and they will separate the guilty from the innocent. The Constitution, Congress and courts have set elaborate rules to ensure jurors get the facts and aren't swayed by emotion or fear. Rules are particularly exacting for prosecutors, as they act with government authority and their mistakes can put people in prison. One of those rules, established by the Supreme Court nearly 50 years ago in a case called Brady v. Maryland, is that prosecutors must tell defendants about evidence that could help prove their innocence. Withholding that evidence is "reprehensible," the court later said. Nonetheless, Media sources identified 86 cases in which judges found that prosecutors had failed to turn over evidence to defendants. That's what happened to Nino Lyons.

Lyons, now 50, grew up in the public housing projects of Cocoa, Fla., outside Orlando; his father spent time in prison, and for several years, his mother raised him alone. Even so, Lyons thrived: He graduated from college and worked briefly at the nearby Kennedy Space Center. In the 1990s, he opened clothing stores and nightclubs in Cocoa and Orlando. He was vice president of the local NAACP chapter. How Lyons also became a drug suspect is unclear. But five days before Christmas in 2000, police stormed his Rockledge house, searching for an illegal machine gun. They did not find a machine gun or any drugs. What they did find was suspicious: an assortment of legal guns and $185,000 in cash, some of it counterfeit. Lyons said he was saving for a down payment on an Orlando nightclub.

Within a year, prosecutors put together a procession of more than two dozen inmates willing to testify that Lyons was a major drug trafficker. Jurors convicted Lyons of almost every charge, including carjacking, selling counterfeit clothing and a drug conspiracy that could have put him in prison for life. "With all the evidence they had brought forth in this trial, I didn't have any choice but to vote guilty on him," said one juror, Harold Newsome. The evidence prosecutors hid from Newsome and the other jurors did not fully come to light until 2004, during Lyons' third year in jail. It surfaced only because of one line in a government sentencing report that hinted at undisclosed evidence. When it emerged, the Justice Department agreed to drop the drug charge against Lyons, and Presnell, the judge who oversaw the trial, threw out the rest. It was a drastic step and meant Lyons could never be retried. Presnell wrote that he had no other option: "The Government's protracted course of misconduct," he wrote, "caused extraordinary prejudice to Lyons, exhibited disregard of the Government's duties, and demonstrated contempt for this court."

By then, Lyons had spent 1,003 days in a county jail north of Orlando. He was never sentenced, but remained locked up while courts sorted through the problems in his case. He saw his son and daughter, then in middle school, only through the thick glass windows of the visiting room, and spoke to them only via telephone. His businesses folded while he was in jail. His wife, Debbie, was demoted from her job as principal of an elementary school, a move the school said was unrelated to the case. She sold the couple's house and took a night job tutoring the children of migrant farm workers to pay the bills. "It was bad for me, but I didn't realize until I came home how bad it had been for my wife and my kids, people that really loved me," Lyons said.

Records show the Justice Department eventually paid $150,000 of Lyons' legal bills in a settlement that was never made public. It admitted in a court filing that prosecutors made "serious errors" in their handling of the case. The attorney who replaced Hinshelwood as the case dragged on, Lee Bentley, personally apologized to Lyons. For Debbie Lyons, 51, it wasn't enough. "When they targeted him, they targeted me. They targeted my kids," she said. Prosecutors "don't have the courtesy to say, 'We're wrong, our agents were wrong, we pursued this case wrong. We know we lied, we know we withheld evidence.' " Lyons said he's "thankful to God" that Presnell finally declared him innocent. But almost nine years after he was first found guilty, exoneration hasn't repaired the damage to his reputation.

In the six years since he was released from jail, he hasn't been able to find a regular job or even land an interview. Now he works part time for a church program in Orlando that finds mentors for kids whose parents are in jail. The grant that pays for the program will run out at the end of the month. "Even if the president comes out tomorrow and says this man is 1,000% innocent, you're going to have somebody somewhere say, 'I'm not sure about that. I don't think the government would have did that if he was innocent,' " Lyons said.

'The scary part': Sniffing out misconduct can be a matter of serendipity — or luck, as Lyons' attorneys discovered. The evidence that eventually set Lyons free came to light only because of one sentence buried in a 40-page draft of a probation officer's sentencing report. Those drafts are dense and at times ignored, but this one offered a tantalizing clue: an account by one of Lyons' accusers, a federal inmate, that differed from his testimony during the trial. That stuck out to Robert Berry, one of Lyons' attorneys, who wondered what else he hadn't been told. His digging led to hundreds of pages of other evidence prosecutors had never disclosed. "If it wasn't for that one sentence, he would be in prison right now, probably for the rest of his life," Berry said. "The scary part is it probably does happen every day and nobody ever figures it out."

One reason violations may go undetected is that only a small fraction of criminal cases ever get the scrutiny of a trial, the process most likely to identify misconduct. Trials play a "very important" role, said former deputy attorney general David Ogden, because they force judges and attorneys to review a case in far more exacting detail. The number of people charged with crimes in federal district courts has almost doubled over the past 15 years. Yet the number whose cases actually go to trial has fallen almost 30%, to about 3,500 last year, media sources found. Last year, just four defendants out of 100 went to trial; the rest struck plea bargains that resolved their cases quickly, with far less scrutiny from judges. "We really should be more concerned about the cases we don't know about," said Levenson, the Loyola professor. "Many of the types of misconduct you identified could happen every day, and we'd never know about it if defendants plead out."

Deliberate violations: In a justice system that prosecutes more than 60,000 people a year, mistakes are inevitable. But the violations sources documented go beyond everyday missteps. In the worst cases, say judges, former prosecutors and others, they happen because prosecutors deliberately cut corners to win. "There are rogue prosecutors, often motivated by personal ambition or partisan reasons," said Thornburgh, who was attorney general under Presidents Reagan and George H.W. Bush. Such people are uncommon, though, he added: "Most former federal prosecutors, like myself, are resentful of actions that bring discredit on the office."

Judges have seen those abuses, too. "Sometimes, you get inexperienced and unscrupulous assistant U.S. attorneys who don't care about the rules," said U.W. Clemon, the former chief judge in northern Alabama's federal courts.

How often prosecutors deliberately violate the rules is impossible to know. The Justice Department's internal ethics watchdog, the Office of Professional Responsibility, insists it happens rarely. It reported that it completed more than 750 investigations over the past decade, and found intentional violations in just 68. The department would not identify the cases it concluded were marred by intentional violations, and removes from its public reports any details that could be used to identify the prosecutors involved.

State records, however, offer a glimpse into what can go wrong. Three years ago, two federal prosecutors in Illinois, each with more than a decade of experience, were ordered to answer to the state Attorney Registration and Disciplinary Commission for problems that almost torpedoed a drug case. The lawyers failed to turn over information to defense attorneys that could have discredited a key witness. That tactic, the U.S. Court of Appeals for the 7th Circuit concluded, was "designed to deliberately mislead the court and defense counsel." Both prosecutors told authorities that they knew the rules, and both admitted that they didn't turn over the evidence, according to a transcript of the hearing. One, Bradley Murphy, said he was counting on the witness to reveal the damaging information himself during his testimony. The other, John Campbell, apologized. "It's embarrassing, to say the least," he told the commission. State records show that the Justice Department suspended both prosecutors for a day. Both also were censured by the Illinois Supreme Court. They remain federal prosecutors.

Attorney General Eric Holder declined to be interviewed; earlier this year, he told judges that officials "must take seriously each and every lapse, no matter the cause." The head of the department's criminal division, Lanny Breuer, said, "Obviously, even one example of real misconduct is too many. … If you've engaged in misconduct, the response of the department has to be swift and strong." In practice, however, the response — by the Justice Department and the state officials who oversee lawyers — has frequently been neither. Department records show that its internal investigations often take more than a year to complete, and usually find that prosecutors, at worst, made a mistake, even when judges who presided over the trials ruled that there was serious misconduct.

In one rare exception, the department in 2007 prosecuted one of its former attorneys, Richard Convertino, for obstructing justice in his handling of a Detroit terrorism case. He was acquitted, and he unsuccessfully accused the attorneys who prosecuted him of misconduct. The department called Convertino "unmanageable" in one court filing, but still kept its internal review of the case secret.

In the one case in which media sources found that state officials suspended a federal prosecutor from practicing law, the punishment lasted only a year. In that case, Florida's Supreme Court found that Karen Schmid Cox had let a witness lie about her name during a trial, making it impossible for defense attorneys to check the witness's background. If they had, they would have found that the witness had been previously accused of lying to a judge and filing a false police report.

Pressures on prosecutors: In some cases, Justice Department records and court documents suggest that prosecutors broke the rules inadvertently, often because they were inexperienced or unsupervised. Former prosecutors from offices across the nation insist that the Justice Department never put pressure on them to cut corners — "there wasn't any pervasive attitude of win-at-any-cost," said Rick Jancha, a former prosecutor in Orlando. But there are other pressures. For one thing, prosecutors are taking on more cases than ever. In the mid-1990s, the offices had one attorney for every 14 defendants; last year, they had one attorney for every 28. Even though most of those cases end in plea bargains, the increase can be taxing, because prosecutors often are responsible not just for conducting trials but overseeing investigations. And prosecutors put pressure on themselves. "They're the A+ students. They're not used to losing," Levenson said.

"Prosecutors think they're doing the Lord's work, and that they wear the white hat. When I was a prosecutor, I thought everything I did was right," said Jack Wolfe, a former federal prosecutor in Texas and now a defense lawyer. "So even if you got out of line, you could tell yourself that you didn't do it on purpose, or that it was for the greater good." Beyond that, most federal prosecutors do their jobs with little day-to-day supervision, said Michael Seigel, the second-in-command of the U.S. attorney's office in Tampa from 1995 to 1999. And, until last year, prosecutors were not required to get regular training in ethics such as their constitutional duty to share evidence with defendants. That training is important: Many of the legal rules prosecutors must follow are complex, and not everyone agrees on the boundary between aggressive lawyering and misconduct.

Last year, Ogden, Holder's second-in-command, headed a review of problems with prosecutors' failure to turn over evidence to defendants, the issue that ultimately undermined the Lyons case. It concluded that most violations were "not the product of people who intentionally set about to cheat but … more of a lack of training and a lack of resources," said Ogden, who left the department this year. That review prompted a new requirement that prosecutors get two hours of annual training in their duty to share evidence.

'Real sloppy and lazy': Before Bruce Hinshelwood became a federal prosecutor, he tried murder cases and those involving other high-profile crimes as a state attorney. He headed the Justice Department's Jacksonville office, and was briefly second-in-command of the middle district surrounding Tampa. Later, he tried drug cases in Orlando. In all that time, there is no indication Hinshelwood was faulted for misconduct. The Lyons case changed that. Hinshelwood's former boss, Paul Perez, became U.S. attorney in Tampa in 2002, shortly after Lyons' trial ended. When the case against Lyons fell apart, it was his job to figure out why. Perez said in an interview that he personally never doubted that Lyons was guilty. He said the problems came down to inattention: Hinshelwood was "an experienced but very lazy prosecutor," but didn't break the rules on purpose. He was, Perez said, "real sloppy and lazy."

Judge Presnell drew harsher conclusions. In a 2004 order, he said the Justice Department's failures in the case could be explained, "at best, by its agents' sloppy investigative work or, at worst, by their knowing failure to meet constitutional duties." He later faulted prosecutors not just for failing to turn over evidence but for "brazenly" defying court orders and presenting witnesses who were "allowed, if not encouraged, to lie under oath."

Records from the Florida Bar, which regulates the state's lawyers, show that the Justice Department investigated Hinshelwood's handling of the Lyons case, a fact the department refused to confirm for fear of invading his privacy. The department completed its report in 2007 and referred its findings to the bar in 2009, a step Justice Department policies say it takes when it finds misconduct. Despite Presnell's rebuke and its own investigation, there is no evidence that the Justice Department ever punished Hinshelwood. He continued prosecuting cases until he retired in February 2008 to open his own law practice in Orlando.

The Florida Bar investigated Hinshelwood last year — seven years after Presnell accused him of misconduct by name in a court order — but concluded that too much time had passed to take action for what happened at the trial. It let Hinshelwood resolve the complaint by paying $1,111.80 in costs and attending an ethics workshop. The bar opened a second investigation of Hinshelwood in July after Presnell declared Lyons innocent, an uncommon step that officials would not explain publicly. "That's the extent of it?" Lyons said. To Lyons, nothing the bar can do would be strong enough. Hinshelwood "should suffer or go to jail," Lyons said. "The justice system not only didn't work initially in my case, it's still not working. Bruce Hinshelwood has his pension. He still works every single day. His life is not miserable. I'm not saying mine is, but it's nothing like it was before."


United States 9th Circuit
Court of Appeals



"[L]aw enforcement officers, like other members of the public, generally do not have a legal duty to come to the aid of [another] person."
-- Arthur Lawrence Alarcón, Stephen S. Trott and A. Wallace Tashima "Judges" of the 9th Circuit Court of Appeals, San Francisco, California, in a secret opinion ratifying the criminal and murderous conduct of the Oakland Police Department (Ninth Circuit Case No. 08-15610). Note: The Court was careful not to mention OPD by name in the unpublished order/opinion.


According to the logic of these men, law enforcement is beyond reproach when the rights of minority men (particularly Black men) are at stake or in question. This is evident by the fact, no law enforcement officer in the following video was ever charged with a crime, when they can be clearly seen on the following video, suffocating, tasering and choking to death a restrained, handcuffed, black inmate in custody

Sheriff Murdering Black Man!
video


C.J. Note:WASHINGTON — (May 25, 2009) Threats against the nation's federal judges and prosecutors have sharply increased, prompting hundreds to get 24-hour protection from U.S. marshals. The problem has become so pronounced that a "threat management" center recently opened in Arlington, Va., where marshals and analysts monitor a 24-hour number for reporting threats, use mapping software to track those being threatened and tap a classified database linked to the FBI and CIA.

In 2005, the nation's federal judges gathered for one of their twice-yearly administrative meetings, called on Congress to bolster staffing and funding for the U.S. Marshals Service, the agency responsible for protecting them. At the same time, the judges said the marshals need to improve their ability to spot people who might pose threats to them. Leaders of the federal judiciary have privately urged Attorney General Alberto Gonzales to consider replacing the director of the U.S. Marshals Service (who resigned under pressure from federal judges), complaining that weak management has left judges in danger, according to several court officers, judges and federal officials. In public, the normally reserved federal judges have criticized the Marshals Service for what they consider the lackluster performance of its director, Benigno G. Reyna, and his failure to respond quickly to pleas for more security.

Therefore, while citizens have no constitutional right to police services and protections, FEDERAL JUDGES AND PROSECUTORS ARE ENTITLED TO 24-HOUR PROTECTION FROM THE U.S. MARSHALS SERVICE. See Federal Prosecutor arranges for murder of witness.


"Tokoyo" Tashima received his Bachelor of Arts Degree from UCLA in 1958 and his law degree from Harvard in 1961. From 1962 - 1968, he served as a California Deputy Attorney General. He served as staff Attorney for Amstar Corp in San Francisco from 1968 - 1972 then as its Vice President and General attorney from 1972 - 1977. C.J. Note: Why is it that when Asians are placed in positions of power and authority, they condone or orchestrate acts and/or omissions that deprive human beings of basic rights and liberties?


Stephen Trott, in a 1994 civil rights case dissented (or disagreed with) a ruling in which Judge Reinhardt and Judge William Norris, ret., concluded that the reasonableness of the use of a (police K-9) biting dog to locate a given suspect is a question of fact which must be resolved by a jury (not a judge). The ruling overturned (threw out) a district judge’s conclusion that the LAPD officers in the particular case, Chew v. Gates, were entitled to qualified immunity because the Los Angeles Police Department’s policy on use of trained attack dogs against suspects was constitutional as a matter of law. Trott called the decision “irreconcilable with the real world of police work and its hazards.” In other words Judge Trott ruled that attacking [minorities (mostly black men)] with K-9 police dogs is constitutional.

Police K-9 Attacks Minority Motorist & Black males!




(Photo Caption: Police Dog Attacks Birmingham Demonstrator During the Youth Mass Demonstrations in the Spring of 1963.)

Lucky for Trott, he's from an elite white background where K-9's are hardly, if ever used against members of his class.


Arthur Lawrence Alarcón - Judge, U. S. Court of Appeals for the Ninth Circuit; Nominated by Jimmy Carter on August 28, 1979, to a new seat created by 92 Stat. 1629; Confirmed by the Senate on October 31, 1979, and received commission on November 2, 1979. Assumed senior status on November 21, 1992. University of Southern; University of Southern California Law School, LL.B., 1951 California, B.A., 1949; U.S. Army Staff Sergeant, 1943-1946; Deputy district attorney, Los Angeles County, California, 1952-1961; Legal advisor and clemency and extradition secretary to the governor of California, 1961-1962; Executive assistant to the governor of California, 1962-1964; Chairman, California parole board, 1964; Judge, Superior Court of California for the County of Los Angeles, 1964-1978; Associate justice, California Court of Appeal, Second Appellate District, 1978-1979; Adjunct professor, Southwestern University School of Law, 1985-present; Adjunct professor, Loyola Marymount School of Law, 1993 and 1994.


Shenandoah Police


Updated: January 27, 2011

(Top Row (left to Right): Shenandoah Police Chief Matthew Nestor; Captain Jamie Gennarini; and Lt. William Moyer.
Bottom Row (left to Right): Police Officer Jason Hayes; Derrick Donchak; and Brandon Piekarsky.)


Three former Pennsylvania police officers accused of trying to cover up the investigation into the beating death of an undocumented Mexican immigrant were acquitted of the top charge of conspiracy. A federal jury found former Shenandoah Police Chief Matthew Nestor and officers William Moyer and Jason Hayes not guilty of conspiracy to obstruct a federal investigation in the July 2008 death of Luis Ramirez, a court official told CNN. The official had knowledge of the verdict but was not authorized to speak. Nestor was found guilty of falsifying reports and Moyer was convicted of lying to the FBI. Hayes, who was also accused of falsifying police reports, was acquitted of the two charges against him.

"I'd just like to thank all the supporters I had, especially my family, friends and neighbors. I had so many well-wishers from Shenandoah," Moyer said after the verdict. Hayes said he will reapply for his job with the Shenandoah Police Department.

Ramirez, a day laborer and father of two engaged to a woman from Shenandoah, died three days after he was beaten into a coma in a street fight with members of the small mining town's high school football team. Derrick M. Donchak and Brandon J. Piekarsky were convicted of simple assault in state court last year but acquitted of murder, prompting an outcry from Latino groups and politicians. Pennsylvania Gov. Ed Rendell urged the federal government to pursue the case, resulting in hate crime convictions for the two young men. At the time of Ramirez's death, Hayes was dating Piekarsky's mother and the two are now engaged. Moyer's son was a high school freshman who played football with the youths involved in the attack, according to an indictment. The three men were accused of helping the boys conceal their roles and of falsifying police reports. Moyer was also charged with witness tampering and lying to the FBI. Each of them testified in their defense and denied the allegations.

Updated: December 17, 2009

“... [c]learly, unequivocally a serious danger to witnesses in this case.”
-- Judge Malachy Mannion in denying bail to Police Chief Matthew Nestor.


SHENANDOAH, Pa. – A police chief, ordered held without bail yesterday on charges that he tried to cover up the fatal 2008 beating of a Mexican immigrant by white teenagers, was named in a 2006 lawsuit that said police had beaten to death a Hispanic teenager, then made it look like a suicide. Police Chief Matthew Nestor, 33, was not charged in the teenager’s death in November 2004, but the allegations in the lawsuit, in Tuesday’s indictment, and in other civil claims depict a police department with hostility to minorities and a penchant for using excessive force.

Nestor, Lt. William Moyer, and Officer Jason Hayes were charged Tuesday with orchestrating a cover-up as the FBI investigated the fatal attack on Luis Ramirez by a group of high school football players. Hayes dated the mother of one of the accused players, and Moyer’s son played on the football team, according to the indictment.

December 16, 2009

"Violence motivated by bigotry and hate has no place in America, and yet it remains all too prevalent in many of our communities."
-- Thomas E. Perez, Assistant Attorney General for Department of Justice

WASHINGTON - A federal grand jury has returned multiple indictments arising out of a fatal racially motivated beating and related police corruption in Shenandoah, Pa., the Justice Department announced. The three indictments include federal hate crime, obstruction of justice, conspiracy, official misconduct and extortion charges. The indictments were unsealed December 15, after being returned under seal on Dec. 10, 2009.

The first indictment charges Derrick Donchak and Brandon Piekarsky with a federal hate crime for fatally beating Luis Ramirez, a Latino male, while shouting racial epithets at him. According to the indictment, on July 12, 2008, the defendants, and others, were walking home from a local festival when they encountered Ramirez. The defendants then attacked Ramirez in a public street by striking and kicking him while members of the group yelled racial slurs at him. Ramirez died two days later from his injuries. The indictment also alleges that, immediately following the beating, Donchak, Piekarsky and others, including members of the Shenandoah Police Department, participated in a scheme to obstruct the investigation of the fatal assault. As a result of this alleged obstruction, Donchak is charged in three additional counts for conspiring to obstruct justice and related offenses. If convicted, Piekarsky and Donchak face a maximum penalty of life in prison on the hate crime charge. Donchak faces 20 years in prison on each of the obstruction charges and an additional five years in prison for conspiring to obstruct justice.

Both are now in county prison after being convicted of simple assault and alcohol-related charges. Piekarsky is scheduled to be released December 17 after being granted parole Dec. 8, according to the county clerk of courts office. No release date has been set for Donchak. During the trial, prosecutors alleged Moyer and Hayes helped Piekarsky, Donchak and other teens involved concoct a story and cover up what really happened the night Ramirez was beaten. Hayes allegedly told the teens to get their story straight and gave them car rides from the scene of the crime, according to testimony during the trial.

A second indictment charges Shenandoah Police Chief Matthew Nestor, Lt. William Moyer and Police Officer Jason Hayes with conspiring to obstruct justice during the investigation into the fatal beating of Ramirez. Moyer has also been charged with witness and evidence tampering, and with lying to the FBI. If convicted, the defendants face 20 years in prison on each of the obstruction charges and an additional five years in prison for conspiring to obstruct justice. Moyer faces an additional five years in prison for making false statements to the FBI.

Another teen involved in the beating, Colin J. Walsh, has pleaded guilty in federal court to violating Ramirez's civil rights. He testified against Piekarsky and Donchak in exchange for only four years of prison time. Another teen, Brian Scully, was charged in juvenile court.


State Murder Trial


“not guilty”


May 2, 2009

Following an evening-long deliberation Friday, a Schuylkill County jury reached its verdict in the trial of two Shenandoah teens charged in the beating death of Luis Eduardo Ramirez Zavala, 25. Brandon J. Piekarsky, 17, of Shenandoah Heights, was found guilty of one count of simple assault and acquitted of all other charges including third-degree murder and aggravated assault. Derrick M. Donchak, 19, was found guilty of one count of simple assault. He was also found guilty of three counts of corruption of minors and three counts of furnishing alcohol to minors. He was acquitted of all other charges, the most serious of which were two counts of aggravated assault.

The ethnically charged case also included ethnic intimidation charges of which the jury found the teens not guilty in the murder of the Mexican immigrant. Each “not guilty” verdict was greeted with a chorus of gasps from the audience of about 50 members of the press and public. The room erupted in cheers after all verdicts were read and the deputy sheriffs had to restrain members of the defendants’ families from rushing to them until after the jury had been dismissed. Both teens remain free on bail until they are sentenced. Schuylkill President Judge William E. Baldwin, who presided over the trial, ordered a pre-sentencing investigation, which could take weeks to conclude, after which he will sentence Piekarsky and Donchak.


The FBI investigation also uncovered alleged extortion and civil rights violations by police dating back to 2004. A third indictment charges Chief Nestor and his second-in-command, Captain Jamie Gennarini, with multiple counts of extortion and civil rights violations. According to that indictment, from 2004 through 2007, Nestor conspired to extort cash payments from several illegal gambling operations in the Shenandoah area and obstructed the investigation of the extortion scheme. The indictment also alleges that on May 17, 2007, Nestor and Gennarini committed extortion by demanding a $2,000 cash payment from a local businessman and his family in exchange for releasing the businessman from their custody.

Former Shenandoah Mayor Tom O'Neill said Tuesday he is "not surprised" by the extortion charges, adding he knew of the situation during his time in office. "But I couldn't prove anything," O'Neill said. "This (the indictments) is another black eye for the town." He served three years as mayor, resigning in October 2008. O'Neill said he was interviewed by the federal grand jury, but could not elaborate on what he was asked.

If convicted on these charges, Nestor and Gennarini face maximum penalties of 20 years in prison for each of the extortion counts. Additionally, the defendants face a maximum penalty of 10 years in prison for the conspiracy to violate civil rights. These cases were investigated by Special Agents Alan Jones and Adam Aichele of the Philadelphia Division of the FBI, and are being prosecuted by Civil Rights Division Trial Attorneys Eric L. Gibson and Myesha Braden. The FBI wants to hear from anyone who may have information regarding alleged civil rights violations or public corruption in Schuylkill County, Pa. If you feel you have been victimized or have any additional information, please call FBI Special Agents Alan Jones or Anthony Cavallo at the Allentown, Pa., Resident Agency of the FBI at (610) 433-6488.


More Corruption!




Murray » Michael D. Spilman, revoked after a felony conviction for forcible sex abuse.

Carbon County » Melanie Madill, revoked after felony convictions for custodial sexual misconduct and tampering with evidence; Chad Feichko, revoked for three years for sexual misconduct on duty.

Cache County » Steve Romero, revoked after being charged with a sexual exploitation of a minor.

Cadet at police academy » Eric McGill, revoked after a positive drug test and lying on an application.

Ogden » Kenneth Hammond, revoked after pleading no contest to a misdemeanor charge of sexual battery.

Layton » Brady C. Blackner, suspended four years for off-duty sexual misconduct and lying.

Washington City » Scott E. Durfey, suspended for three years for a misdemeanor conviction of witness tampering.

Springdale » Nick L. Hallman, suspended two years for a
misdemeanor conviction of disorderly conduct.

Utah Department of Corrections » Ryan K. Bennett, revoked for two years for driving under the influence. Gregory K. Mitani, received a two-year suspension for taking scrap metal without permission. Brett A. Willyerd, received a four-year suspension for having an improper relationship with a probationer.

Utah Valley University » Mathew S. Nielsen, suspended for two years for an addiction to alcohol and reporting for duty after drinking.

Salt Lake County Sheriff’s Office » Matthew D. Sterner, suspended for two years for driving under the influence of alcohol; Rodney E. Mulder, suspended for one year for off-duty sexual misconduct.

Salt Lake County Constable’s Office »Jason K. Kelsch, suspended for three years after he arrived drunk for his job as a court bailiff.

Provo » James R. Campbell, suspended for two years for sexual misconduct while off-duty.



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