Monday, June 25, 2012

How did 4 Shots fired by Santa Maria Police Officer Covarrubias turn into One? How did One Front Kill shot to the Chest turn into Three Shots from the Back?

I want to apologize to you all for the length of this posting but I feel the subject matter warrants my extra effort and some additional time from you. (Thank You)
 Here I am spending another week and countless hours trying to formulate my thoughts in such a way that my concerns become your concerns. Tonight I want to start this posting by thanking all of you who encourage me and my efforts. I must admit to being a little worried that my recent review of District Attorney Dudley’s report dealing with the shooting death of an Officer by another Officer was not going to be very well received.
Larry “The first thing I need to compliment you on is that your writing is getting better, I am impressed. How you present things is how you will be judged so congrats on this, looks sharp. Now to the substance; Wow you caught the DA with her fly down. That is good. Where have you posted this information? I think to a certain extent, this should be in at least the News Press and the Indy. A copy should be on your blog and one should go to the Grand Jury”. 

Larry “You do amazing work; you are a gifted and natural born reporter and a true asset to Santa Barbara. Don't give up searching for the truth.”

Larry, “God, you are getting really good!  I really like the documentation – you would have made a truly great investigator”.

This posting has been flagged for removal. [?]

santa barbaracraigslist > personals > rants & raves D.A. Dudley's report on shooting death of Officer Covarubias (Santa Maria)
 (From me)I posted it on the Santa Barbara's Craigslist but someone flagged it.
 Nice!!!! ,First off, if someone flagged it, that means they are shitting their pants. The problem with lying all the time, especially to the public at large, you will get caught on small, but oh so important facts. Second, I hope that xx does not just love it. You need to have your finds repeated. You cannot be alone in showing this stuff off. Keep it up, you are doing great.

 Well based on these replies and comments lets just say people have more issues with the D.A.’s report and how it portrays what happen, than they do with me and what I shared. Now before I go on my prayers and apologies go out to the victims loved ones, I do not take their terrible tragedies lightly.

 For five days in a row I have started a new posting and stopped not quite happy that my message was getting through in my writing. One unfinished posting was about Public Trust, another concerned Fraud or Deception by Law Enforcement. Yet another still was a simple fact by fact review of the D.A.’s just released18 page document. All the while I still had my other four week old uncompleted unpublished posting dealing with a remark Superior Court Judge Brian Hill made during the final sentencing of Corey Lyons.
 We have a very serious problem when Santa Barbara County Law Enforcement including the District Attorney her prosecutors and Judges, intentionally attempt to misrepresent facts or out right lie to the public in Any Matters. Those types of actions by them automatically as it should forfeits their right to the Public's Trust. I feel that the keeping of Public Trust requires a higher standard from those previously mentioned than that of you or me. This standard dictates that because integrity is indispensable to those positions, any one whose misconduct undermines that integrity no longer deserves the public’s trust.

 How do originally released facts that four shots were fired by Officer Covarrubias turn into one? And how does the original statement that there was only one kill shot to the front chest from Officer Kline. Later turn into three shots, one to the upper back and two to the back of the neck. All the while another officer was positioned on top of Officer Covarrubias; I just don’t know how the facts could have been so misrepresented initially. Because from the first time I read D.A. Dudley’s report I wondered why a taser was not the correct amount of force needed to protect everyone that evening. I will be the first to admit that based on the initial representation of the facts by the police and reported through the media the use of deadly force was hard to challenge, not anymore!

 District Attorney Dudley clearly states what her agenda was in the shooting report summary found on page one which stated;” The District Attorneys role in reviewing this homicide is to determine whether the shooting of Officer Covarrubias was lawful and to provide a detailed explanation to the public about the facts and law in that regard. This process “requires careful attention to the facts and circumstances.” Hence, this analysis will give careful attention to both the facts and the circumstances of the fatal shooting of Officer Covarrubias”.

 Maybe District Attorney Dudley should hire me as an independent contractor so that I may review and correct her reports in advance. I say this because after making the public wait on her for three months. One would have hoped that her report would have answered more questions than it created. To me the reports agenda is clear; to camouflaging a concerted effort and conceal questionable possibly illegal and at the very least unethical acts by those whose names appear in it from the public. She used the word facts three separate times in her summary and the first issue that pops out is the amount of rounds fired by the two officers involved.

 As I mentioned in my last email I really have made a conscious effort to reduce my investigations, because there is just too much corruption here to write about. I could start with the D.U.I. arrest of Peter Lance, and the questionable actions of arresting Officer Beutel. Or what about the controversial arrest of Tony Denunzio. Who witnesses say was brutally struck and tasered by Santa Barbara Police Officer Aaron Tudor during another DUI stop last October. Luckily just by chance the Santa Barbara Police Department was testing a dash cam in Officer Tudor’s car, and recorded most of the controversial arrest. Here is a link so you may view and decide for yourself.

 Or let’s not forget that back in August of 2009 then SBPD officer B. Sawicki was arrested for exposing himself in front of two teenage girls. During his latest court appearance this past April his trial was again postponed until May 2012. Unfortunately when I tried to update what happen in court for May 2012 my search came up empty. All I know is that as of today the District Attorney’s office has allowed over 33 months to pass with no conclusion. Keep in mind Mr. Sawicki is only on trial for misdemeanor charges that carry with them a maximum sentence of 12 months. All these delays have brought me to question why the California Attorney General’s office did not take charge of the prosecution, since this option was discussed from the onset.

 I do not want to leave out one of the Santa Barbara Police Department's top civilian employees out. She was arrested on suspicion of embezzling 100,000 dollars in parking ticket revenue over several years; the sum was later corrected to 500,000. Karen Flores was the supervisor of the police department's business office and in the beginning was even involved in the task force that was trying to locate the embezzler (herself).

As usual when I finally sit down and try to create a posting worthy of your time, I find myself over run with subject matter. Part of the problem is that the past issues I have already reported on just never seem to go away. A perfect example of that is the Corey Lyons sentencing from four weeks ago (3 murder trials later). Now I was not planning on revisiting this case or creating any new postings. That was until I read comments made by Judge Hill in response to concerns from the defense during final sentencing.  Judge Hill said there were no due process violations against the defendant, and the jury had come to a decision that was “absolutely, amply supported” by the evidence.” NOTHING COULD HAVE BEEN  FURTHER FROM THE TRUTH AND HERE IS WHY. Quite simply it was this next statement that has brought me to challenge what Judge Hill, Prosecutor Zonen and defense attorney Robert Sanger lead us believe during the third murder trial. “Because of the presence of copper in most of the hand three-component GSR particles indicate it was generated by the firing of jacketed bullet(s). Jacketed bullets were not used in these homicides.”Based on this statement the GSR evidence should have exonerated Corey Lyons not convicted him.

If you are like me you had no idea that there could be more than one type of GSR positive test result. As it turns out different types of bullet or rounds have their own unique property. Would you believe defense attorney Robert Sanger hired his own expert to create reports who was even willing to testify yet never called. Sanger seems to have his own specific views when it comes to scientific evidence and even authored an article about just that. In the February 2012 edition of the Santa Barbara Lawyer appeared this article titled; Science and the Law, The Reference Manual on Scientific Evidence, Third Edition authored by none other than Corey Lyons Defense Attorney Robert Sanger. In this article in large bold print Sanger proclaims “All judges and lawyers should consult a Reference Manual on Scientific Evidence before considering expert or scientific testimony. You van view the full article @ ( page 22)
While I was performing research on the Internet a few months back and to my surprise I actually found a web site discussing the Corey Lyons case @ On this site there were five separate reports dealing with the Lyons forensic evidence. It was in the gunshot residue report that first educated me to the fact that different types of hand guns produce their own unique properties. @ 
As I looked around the web site I found a statement by the author of the five reports Bryan Burnett. In it he states that he was retained by defense attorney Sanger to examine the evidence in this case, including the gunshot residue evidence. Later he was asked to do a scene reconstruction, below in italic font is the narrative. Upon my [Mr. Burnett] receiving the reports and images of the two homicides, it became apparent this double homicide was the most complex of my career. The prosecution criminalists were extraordinary inept in not only the processing of the scene but also interpretation. The prosecution's key premise was that the two homicides were performed by one person, Corey Lyons. The evidence shows, however, there were two assailants that night, who were in no hurry to leave the scene after the murders. There is evidence of theft of at least one item and post-mortem manipulation of Daniel Lyon's body.
There were three trials of Corey Lyons, the first ended in mistrial during the that trial, the second ended with a hung jury (seven jurors in favor of acquittal) and the final trial convicted after three hours deliberation. The defense attorney, Robert Sanger, presented a peculiar strategy in defense of Corey Lyons by only attacking the credibility of the prosecution criminalists, but not apparently presenting any expert opinion. In a telephone conversation with Mr. Sanger during the third trial, I offered to testify in the defense case essentially pro bono. In my opinion, Mr. Sanger elected to repeat the flawed strategy of the second trial with disastrous results for Corey Lyons.
Unfortunately I have revisited his web site @ and all the material that I have referenced is no longer available, but I have my copies. @.
Gunshot residue analyses of Corey Lyons hands and possessions:
Lyons GS Report.pdf @ 
 Now we have come to one of the most offensive transgressions of the law by law enforcement I have come across to date; the use of a “Ruse Affidavit.” It seems that the Santa Maria police department has created a non existent, highly unethical and UN-Constitutional document to frame uncharged suspects with crimes as they please.
Now here is my attempt to define the term ‘Ruse affidavit’ based on how it is being used by the Santa Maria Police Department with the permission of the Santa Barbara District Attorney’s office;  Definition of RUSE AFFIDAVIT:  obtaining a judicial signature with a fabricated sworn statement included as part of the affidavit. The only purpose of this act is to induce statements from a suspect whom they lack evidence for, by presenting these known false statements and or facts as true. The fabricated Ruse Affidavit must then be illegally removed from the court files once the suspect is charged so that there is no proof of the arresting officer’s Constitutional violation against the now charged defendant.
 Now it might just be me but it seems that the use of an affidavit is so that no part of a “Ruse” can be part of it. Definition of AFFIDAVIT: A sworn statement in writing made especially under oath or on affirmation before an authorized magistrate or officer that the information before him is true and verifiable. Here is what two Santa Maria Superior Court Judges had to say about he use of “Ruse Affidavits” in cases before them; Superior Court Judge Kuns stated that “Law enforcement cannot violate the law to enforce the law,” as the use of a Ruse Affidavit was being argued before her.
A Santa Maria news paper titled their story on the matter; Judge: Police use of fake paperwork was lawful; “The District Attorney’s Office opposed the defense motion, and Santa Maria Superior Court Judge Rigali ruled in the prosecution’s favor. Even as he cautioned the District Attorney’s Office and police against similar activity in the future”, I have told the prosecution I don’t think this makes sense.” He said after denying the defense motion Tuesday afternoon. “You can do all the fake stuff you want, but you’re not going to do it with the judges.” 
Is it just me of does the Judge label the affidavit fake, advise everyone not to use it again but does not grant the defense's motion? People you do not have to be a lawyer to know there is something seriously wrong here. I also called the Judicial Council and asked for the “Ruse Affidavit” form number and was told that no such form exist Here are two links to the media’s coverage of the two cases in Santa Maria involving the use of “Ruse Affidavits.” @ Or 
As it turns out all my unfinished postings, Public Trust, Fraud or Deception by Law Enforcement, the D.A.’s18 page report, and the remarks by Superior Court Judge Brian Hill made it into this posting.In closing I am sure that many of you are wondering why I continue to take the time to research these issues as I do. Quite simply because just 5 short years ago I too was in Judge Hills court room and being told serving two life sentences was in my future and nobody believed I was a victim of corruption. IN OTHER WORDS THEY LOST MY TRUST.
 As always I ask that if you find value with this posting please share it with as many people as possible.
S.B.C.C.C. The place where common sense never goes out of style.

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