The Vargas Murder Trial is set to Begin. Defense Attorney Ron Bamieh waiting for Discovery and DNA Evidence. Santa Barbara Prosecutor Hans Almgrens plays us for fools! Remember the DNA evidence for the Ricardo Juarez Murder Trial?

Posted on August 16, 2011 by magicinsantabarbara

  Today's posting is a little special for me because it is number 400 ( 07/22/09 ) for my blog @ www.santabarbaracriminalcourtcorruption.blog.spot.com. I mentioned this to a friend and supporter Saturday while we grabbed a quick bite and chatted. So he quizzed me on some grammar and we laughed. I told him that actually I take a little pride in the fact that I am not the most educated person amongst us all. I do not mean to make light of my education but I have always known you all are much brighter than I.

So here I am with my poor spelling and a limited understanding of the subject matter that I write about. Trying to convince the World that there is no such thing as impossible. I am comfortable in saying I have proven the impossible and offer you the results of my SBCERS pension research as proof of that.

Today's posting could have easily been titled “I told you so” as I go over some of the recent scandals with our Courts and Law Enforcement. Don’t kid yourself and think I have not been paying attention. I just felt like even though I have the support of Law Enforcement it was getting to be a bit much. Now some out there might question that last statement but let me tell you. Five years ago I was beaten, shot at and arrested 5 times. Then charged with 7 strike-able felonies and told I would be sent to prison to serve two life sentences. Superior Court Judge Brian Hill and D.A. Prosecutors Mary Barron and Greg Boller all abused my legal rights. You see it was them and not I who was guilty of breaking the law.

They were all willing to abuse the legal rights of a  45 year old man who had never been arrested before, but that was not enough for them. They had to rub my face in it, even after I took every illegal deal they offered. In a civil case my truck was taken from me by the courts to be sold but instead the other party paid it off with hidden cash. In the criminal court I was placed on 3 years probation and unable to keep my professional license and my career was illegally taken from me. Then any time I filed a motion to modify my probation with the blessing of that office. The D.A. would opposed the motion just to remind me that I was helpless to defend myself against them.

The persons involved in all this illegal activity could care less about what was to become of me. Reporter Peter Lance is not all that special, he was just lucky enough to be writer and the timing was right for his story. 5 years ago the Santa Barbara News Press would have never allowed his story to be published. Just ask former F.B.I. Agent and news press reporter Robert Eringer. If Mr. Lance really wanted to expose corruption in Santa Barbara. All he needs to do is simply put his ego to the side and listen to all the people who have contacted him.

Some times in my postings I share personal information about my growing up here in Santa Barbara and the people I know, or places I visit. The reason I do this is to emphasize just how small the Santa Barbara community really is, just like Law Enforcement. I bet most people who read my blog are not aware one of my siblings works in Santa Barbara Law Enforcement. Or that I went to school with the older brother of the first probation officer I was assigned too. For that matter I have known Chief Probation Officer Patricia Stewart for over 30 years Another current probation officer was a roommates of mine back in 1979-80 when he was running cross-country for U.C.S.B. I also went to Jr. High with another P.O, he and I would go to S.B.C.C. and hang out with the volley ball team because we knew the coach.

Now back in 2006 when I was going through all my trouble I did not contact a single one of them, I would never put a friend or family in a compromising position. When District Attorney Greg Boller found out who my sibling was he could not believe it. Greg had been in a carpool with her earlier in his career. Even though none of them ever talked with me, I have always felt like I had friends in law enforcement. I want to move on to the Vincent Velasquez’s murder trial and our small community.

First my condolences go out to his friends and family, I am truly sorry for your loss. My nephew was his friend and came from out-of-town to attend the funeral. Many of my friends knew Vincent and I used to live across the street from a probable witness in the trial. There is no doubt Mr. Velasquez’s family deserves justice for their loss. I too want the person who committed the murdered to be sent to prison, but only after a just and legal trial.

That responsibility belongs to the District Attorney’s office. I hope our community does not allow the District Attorneys office to use them during the Vargas trial. Just because the D.A. is currently acting friendly. Please remember that any abuse of the law the D.A. Is willing to use in this trial. They would be just as willing to use against you or I in the future.

“A criminal prosecutor is not only an advocate but, as a representative of the sovereign, has a duty to seek justice, which includes the responsibility of seeing that the defendant is accorded procedural justice.”

  Benjimin Varga’s Defense Attorney Ron Bamieh is from Ventura. Our Criminal Courts and the District Attorney’s Office are well aware of his back ground for several reasons. Mr. Bamieh ran for Ventura’s District Attorneys office in a very heated race back in 2002. Actually there were several media references made between that race and D.A. Dudley’s bid in 2010. The references in the media were made because of all the similarities both before and after those elections.

His current presents in Santa Barbara seems like an odd coincidence. His experiences with working in a District Attorney’s office and dealing with corruption in County Government might be needed here in Santa Barbara. So here are some concerns I have after reading some media stories about the Varga’s case.

http://www.independent.com/news/2011/jun/03/vargas-stand-trial-isla-vista-murder/

Vargas to Stand Trial for Isla Vista Murder

Victim’s Friend and Eyewitness Remembers Stabbing in Emotional Testimony

Originally published 10:00 a.m., June 3, 2011
Updated 12:00 p.m., June 6, 2011

by TYLER HAYDEN (CONTACT)

“During a tense and dramatic hearing, Judge Rick Brown ruled yesterday in Santa Barbara Superior Court that enough evidence exists against murder suspect Benjamin Vargas for him to stand trial.

Despite prosecutor Hans Almgren’s fervent attempts to block his testimony, Bamieh then called Velasquez’s longtime friend, to the stand in the afternoon. As the court reporter yelled in exasperation that she couldn’t keep up with the dialogue’s fast pace, Bamieh peppered the witness with incredulous questions. Almgren jumped in and began repeatedly objecting in the middle of Bamieh’s remarks. Bamieh eventually threw his hands up in frustration, saying where he came from attorneys were allowed to finish their questions without being interrupted. He asked Judge Rick Brown to demand a better sense of order, to which Brown replied, “I don’t need a lecture on decorum.”

I found 4 things that bothered me about this story.

1- Why would the prosecutor be opposed to his eyewitness testifying in the preliminary hearing. I think that having an eyewitness take the stand during a preliminary hearing is routine and benefits the prosecution’s case.

2- During the preliminary hearing defense attorney and a former prosecutor himself Ron Bamieh questions the Court Edict of Santa Barbara Prosecutor Hans Almgren’s. As have many people who have been railroaded in our Santa Barbara Superior Court.

3- I noticed retired Superior Court Judge Rick Brown was presiding over the preliminary hearing. As Peter Lance mentioned while reporting on his concerns. The Judges seem to not only allow but can assist in many of the unethical acts from the District Attorneys office.

4- I have to wonder why retired Superior Court Judge Rick Browns presence is still required by our local Courts. Currently we have more Superior Court Judges than 10 years ago, with less crime than 10 years ago. How Superior Court cases are assigned is beyond me. If anything I would have had retired Judge Rick Brown handling the Peter Lance MISDEMEANOR D.U.I. case. So that Superior Court TRIAL JUDGE Brian Hill could do the Varga’s preliminary hearing. Even though that matter should not appear before TRIAL Judge Brian Hill until after Mr. Vargas has been bound over for trial at the conclusion of a preliminary hearing. I have mentioned this abuse by our local Superior Court when assigning cases to Judges many times before.

http://www.independent.com/news/2011/aug/12/attorneys-make-final-preparations-vargas-murder-tr/

Attorneys Make Final Preparations for Vargas Murder Trial

DA Questions Why Defense Wants Photos of Eastside Gang Members

                                                   Friday, August 12, 2011

by CODY BASHORE

Almgren filled a motion for a continuance to push back the start of the trial from next Monday to August 22 as he had yet to receive any information on potential defense witnesses Bamieh planned to call.

In response, Bamieh said he had requested the prosecution hand over discovery that had yet to be made available to him. Among the items requested were two photo lineups, an arrest report of a witness on the prosecution’s list, photos of Eastside gang members flashing signs, DNA results on items including a knife, and jail phone records of the defendant.”

In regards to the DNA results, Almgren said he had yet to receive them and once he did he would pass them on to the defense. Almgren added he didn’t have any phone records from the jail that would be used in the trial. He added that he didn’t see the relevance of giving photos of known Eastside gang signs.”

As I mentioned when I started this out this posting I am not all that smart but the Santa Barbara District Attorneys office plays us all for fools. You see prosecutor Hans Almgren’s is asking us all to believe that he is willing to start a murder trial without knowing whether or not the defendants DNA is on the “ALLEGED” murder weapon. Lets say for example that the trial date is set and DNA results arrive the day before the trial and there not that of the defendants. This sure sounds like the same time of Frame work that went into the Ricardo Juarez trial and the suspicious DNA evidence against him.

This is by no means the first time I have questioned the forensic work in a Santa Barbara murder trial. Before we can go forward we must be sure to look behind us because history says there are grave concerns from the past that have never been properly addressed. I am of course speaking of The framing of a 14-year named Ricardo Juarez for murder. No I am not going to address the whole trial but I do have 4 media reports to review here and now.

This media report was from the murder trial I challenged this report and Burns testimony from the beginning;
http://www.independent.com/news/2008/aug/27/forensics-expert-testifies-juarez-case/
“Immediately following Anthony’s testimony, Tuesday’s next expert witness was criminologist Diane Burns, who inspected all of the submitted evidence for biological materials – most specifically, blood.

Burns described how she processed the evidence, carefully examining it visually and then with the aid of several different microscope instruments. Having detected stains that looked like potential blood samples, Burns explained that she used a test that determined the presence of hemoglobin, a component of blood, and if the test had positive results, she collected samples to send to the DNA lab. Of all of the evidence, two pairs and one single glove tested positive for blood, along with a white pair of tennis shoes belonging to the defendant, and other articles of clothing collected from the suspects.While Burns could not determine whose DNA was on which objects, the court will most likely have another scientist from the DNA lab testify on this matter in the future to elucidate the unanswered questions.”

This media report was from one of the preliminary hearings and makes one of these two testimony’s falsified.
http://www.independent.com/news/2008/sep/12/final-witness-cross-examined-thursday-juarez-murde/  Of particular note was “item #22,” a knife with a seven-inch blade that investigators found in a trash can near the scene of the crime. The weapon was introduced during testimony from Dianne Burns, a forensics scientist who claimed she positively identified DNA found on the handle asbelonging to Juarez.

So did the California Department of Justice criminologist commit perjury based on her two contradicting statements you just read? 

http://www.independent.com/news/2008/sep/15/defense-begins-calling-witnesses-juarez-trial/#c8459 2007, she said Romero used a blue bandana to wipe the blood off of his hands, and then said something along the lines of “Don’t worry, I don’t think it’s my blood.” According to testimony in the trial last week, both Romero’s and Linares’s DNA were found on the gloves-which were confiscated from the witness from a dresser drawer in her Eastside home by police a few days after the stabbing incident.( so how did the gloves make it home)( Stomper also testified he found the knife(murder weapon) on the ground than picked it up and threw it in the trash can where it was later found)
 
http://www.independent.com/news/2008/sep/25/stomper-testimony-recreated-juarez-trial/ The several-hours-long reenactment contradicted both accounts given recently by witnesses – sometimes even seemed to contradict itself – about Stomper’s actions right after the State Street fight, including information about a knife found with Stomper’s DNA on it, which he said he had picked up near the scene of the crime and thrown into a trash can.( So why did D.O.J. criminologist Barbara Burns not testify to that fact earlier?)

So like I said the Santa Barbara District Attorneys Office thinks we are all FOOLS!  

S.B.C.C.C. The place where COMMON SENSE never goes out of style!