Sunday, April 11, 2010

Accountabilty,Is lacking in the Corrupt Santa Barbara Superior Court System, Start with the Judges

Accountability, hum that seams to be what I have been researching and writing about these past 4 years without ever really making that point. An as I make that realization I see there are other areas that need to be voiced as well with a better understanding to there relevance in our community. For example I have spent countless hours investigating and uncovering falsehoods be it through the media or actual Superior Court Documents and motions from Criminal and Civil cases. I tend to put these findings under the umbrella called Corruption but time for change is here. You see what was once considered research or data and is factual should now be called evidence. This evidence should be used in the Court of law to protect those who face similar illegal actions by the parties already named while protecting there rights as Americans. Please do not take my word for it simply go to the Court house. Than review the 5 subpoenas served Santa Barbara police officers. Who rather than participate in the Juarez preliminary hearing all claimed to be scheduled for vacation and could not appear.  You see that’s what happens when the District Attorney has lost her objectivity and there only motive is political. There were numerous objections to the actions taken by District Attorney Mrs. Stanley when she decided to try a 14 year old in Adult court on murder charges within 24 hours of the act. What does it say when her own court documents claim a witness was granted “use immunity” for the murder than asked to testify against the wrongfully accused defendant during the probable cause hearing?. This document happens to be post dated as well and may not have ever been put before the defense? Regardless of when the document was authored ultimately the responsibility for the integrity of the court and its files falls to Superior Court Trial Judge Brian Hill. Now take Karen Adkins the public defender who through the courts has made numerous charges, and allegations. She has through her position in the Public defenders office authored many motions against the Judge and Prosecutor in the Juarez Murder trial. and she should now be called as a witness in defense of anyone going up against alleged Gang crimes. Even with what she has already attempted she has failed to bring such allegation to the Attorney General or F.B.I.’s attention  It is sad to think that on one side of the coin our Hispanic youth and there educational needs are not given the attention that they deserve and is required by law. While at the same time our city officials are squandering taxpayer money. In fact to date our school administrators have been unable to keep the personnel hired to correct the over 100 Federal violations found in place in our educational system. .Than on the flip side of this coin these same city officials who failed our local youth in education seek to make them a target an scape goat to cover up anything and everything. Gangs, Gangs that’s all you hear. Santa Barbara is so desperate to keep up this façade that they created an allowed the escalation of violence causing the  Linares families  lose of there son. I have said it before if the cases involving Eric Frimpong, Jesse James Hollywood, Ricardo Juarez, D. Sant Angello are so cut and dry why break the law to gain and illegal conviction? Please understand this next part, I see what is being done in these cases. You take a local case where the crime creates a lack of public sympathy for the defendant whether or not Justice has been carried out legally and regardless if you have the correct defendant or application of the law.

The Lyons double murder case was just in the paper last week and the defendant is being charged with first degree murder. The district attorney’s office is pursuing life without the possibility of parole claiming “it would sufficient punishment for the crimes” Now here is the contradiction with that claim. One hand they attempt to justify not seeking the death penalty and right after that they try and add new charges that he was “lying in wait” to commit the crime.  Yet in the highly publicized Hollywood case they sought the death penalty even though the defendant was clearly not present when the act occurred and they already had a conviction for the murder. Yes it is possible to convict more than one for the act regardless of who committed it. The only problem for the D.A. is that they have about 4 different verdicts and seam to have failed in uniformity in the prosecution. Sorry Josh Lynn.  Before I continue please read a comment I received on my blog at

“Anonymous said...
Great blog Larry!
I want to know how does the DA give interviews to the press about pending cases? And allowed to prosecute the case via the press in an effort to taint the jury pool? I thought DA's are not supposed to discuss pending criminal cases with the press prior to trial?
It seems to be a tactic of the DA to hold people in jail illegally so they cannot get out and speak the truth as well as file restraining orders so the alleged "criminal" cannot speak to their friends whom are potential witness's to the truth.
You haven’t talked about how the DA intimidates bail bond people into NOT bailing people out so they cannot get out and speak the truth.

There is no such thing as innocent until proven guilty in Santa Barbara.”

Now that is our local community questioning the unethical tactics of our District Attorneys office. So let’s review some other concerns I have with the Lyons murder trial. First off what happen to Steve Balash and his representing Mr. Lyons, when did Mr. Sanger take over in these matters? Now if I recall right there was also a delay in past proceedings and that was due to his wife and her legal representation, what has happen to her charges in this case? Have they cleared up the matter of allowing the “whisper tape” evidence that Mr. Balash was able to keep off the records during the preliminary hearing? That is extremely relevant since Judge Hill allowed such evidence during the Juarez murder trial and did not allow it during these proceedings. Now this trial is expected to last only 4 weeks which is odd since the kept the Juarez Trial in the news for at times of up to 12 weeks. Oh and this trial has only taken 10 months to materialize yet Hispanics sit in jail over 2 years and never see a court room.

In the alleged Nun Scammer case many people question the motive behind her charges and the vendetta justice she has been forced to endure. 2800 dollars that is accountable for now. Do you know why the Nuns were forced to relocate? Because of a group of molesters (Priest)who were not pursued by the District Attorneys office for crimes against children an needed to cash out property to met there obligations in Civil court. Now the Church adds insult to injury by making the people of Santa Barbara beer the financial burden rather than seeking funding else where. You see local Church assets were taken away in order to meet there obligation. Here our community is still a victim to these crimes and this lady is put on the cross.  So now comes her sentencing and it would not surprise me if she receives some sort of prison sentence. The irony here is that a forgiving God and the Church should be dead opposed to any such action since it indirectly came about through crimes of the Church. Now I wonder why a Trial Judge such as Frank Ochoa would hear the preliminary hearing and not the trial. It is very clear he has no jurisdiction in matters such as a preliminary hearing until a defendant is legally bound over on felony charges and than they matter will moved up into is jurisdiction. Now remember David Abraham embezzled 2.1 million dollars had 17 felony charges, was convicted on 2 and only received 90 days jail time. Sentencing patterns and averages must be released so as we can see what is really going on.

Speaking of Judicial matters here is a question. Why would Governor Schwarzenegger after the passing of Superior Court Trial Judge Lafferty appoint Colleen Sterne as his successor with in a week of his death? He clearly had not treated any other judicial vacancy at all prior to this action? Judge Lafferty was due on our ballot this June and his replacement Judge Sterne Claims she need not run. Further more judge Lafferty sat on the trial court bench in our historic court house and Judge Sterne is still in her old department in criminal courts. I only bring this up because of budgetary problems and the length that previous commissioners served. She was 10 years the junior of other past over commissioners, and why the additional burden in salary to serve her old position?   

Now lets review Superior Court Judge Rick Brown in department 12 of the criminal division. Richard Rodriguez appears before Judge Brown charged with killing two people driving onto a freeway exit the wrong way. No Rodriquez was to have had that heard before Judge Eskin but do to judicial reassignments it was postponed so Judge Brown could preside over the matters. I keep wondering why there would be so many 170.6 disqualifying motions against judge Eskin if they never let him hear a case? So Judge Rick Brown takes over and here is the part of his first act I question based on a story by Noozhawk.
“The county Probation Department will prepare a report compiling all of the evidence in the case to brief Brown by March 30.
If Brown approves moving forward, a preliminary hearing is scheduled for April 30.”

First off if convicted than and only than would probation get involved, If the defendant has yet to be held over for trail why would you waste the probation department resources? The court case should already have a probable cause certificate at the arraignment. Why would probation be gathering evidence to present to a judge, is that not the reasonability of the district attorneys office? There was another news story where they question prior criminal records, an eweb court report or rap sheet would have cleared that up. Does that not bother anyone else?

So do you all remember my posting regarding a comment attributed to Superior Court Judge Clifford Anderson in regards to Mr. & Mrs. Dennis Quaid’s felony charges in Santa Barbara. He claimed he did not issue warrants on the Quaids for not appearing before him on felony charges. Even though they had bailed out and must be present for all felony proceedings. The term quoted in the Santa Barbara news press was that the felony arraignments were actually voluntary. Ok so Larry Mendoza was cited for being dumb and had to appear before Judge Anderson. Now I prepared my case, obtained video in order to prove I had no intent to commit a crime. I appear at my arraignment and Judge Anderson asks if I would like to hear an offer from the Santa Barbara District Attorneys office before I am arraigned. Now mind you I am aware the District Attorney has not even gone out to the scene an pulled video, so they have no discovery. Well the offer was this; add a second charge of disturbing the piece, fine me x dollars and drop the original charge all together. Now mind you my charge is selling alcohol to and under aged person as part of an Alcohol and Beverage sting, very serious. I did the math wrong after I carded her, that’s how dumb I am. I guess you don’t need math to expose corruption!
Now in my heart I wanted to fight this and it made me sick to think that a Superior Court judge would commit such an illegal act with out a police or incident report and he did not like when I mentioned that, hell what’s the D.A. thinking.. Those charges should have been looked into regardless that I could win my case. So guess what? I ask for time to think the offer over and I have a bad day and skip my next court date. Guess what happens? That’s right a misdemeanor warrant was issued for my arrest. I swear I wanted to ask him about the Quaids arraignment but I left it a lone.

Now wait a minute this man is about to preside over a very controversial alleged gang Murder trial. In preparing to hear this case he denied a motion for a defendant to obtain new Counsel. I hate to say it but he of all people must realize how wise and needed that motion was. Further more since when do defense attorneys want to work harder than they have to? A new aggressive attorney would only seam to improve there clients chances, no? The paper sited that because of the 7000 pages of discovery it was a little late in the game to allow such a move. Well you allowed the Lyons to leap frog in line. Speaking of 7000 pages of discovery  I wonder if the parents since there children were minors at the time of the alleged crime have been able to review all of the discovery together? Furthermore  if Spanish speaking I am sure the District Attorney has lived up to his Brady obligations and provided translated documents for those that would require such services. Or maybe that duty falls on the shoulders of the defense? You see there are games being played and the simplest of laws such as a citation can not be completed with out violating that of which they are sworn to up hold. It makes me sick to think we have allowed such abuses for too long. Now I will be getting back to my Foreclosure data and Pension fund questions. Funny thing about that though. The guys with badges have no tolerance for those kind of crimes. Things are really starting to get interesting. I mean look at the D.A. race. Josh Lynn slings mud an talks about alleged corruption against his opponent Joyce Dudley. Than it seams he already concedes he thinks he will lose in his efforts to become District attorney and goes public in his effort to save his job. How weak is this guy. Will talk more about Josh Lynn and his wanting gang injunctions in a future posting.   


Anonymous said...

100% agree! Josh Lynn and Judge Hill and others are politically and selfishly motivated and have too much power to manipulate trial outcomes for their own personal gain, which they freely use .
There is no such thing as a fair trial in Santa Barbara!

Magic said...

Thank You for your insight and taking the tie to follow my postings.

Anonymous said...


flamnikita said...

hi there - do you happen to know if Colleen Sterne is breaking any laws by simultaneously being ordained by the Episcopal Church?

I found your discussion of how Sterne leapfrogged the June election very interesting. Can she do this? and who got Arnold to appoint her? she is known for carrying Judge deBellefeuille's water - maybe her loyalty to the arguably worst judge in SB (there are so many contenders) was the political capital that got her this appt.