Monday, May 16, 2011

Denise D'Sant Angelo,David Abraham, and there is support for our youth and the abuse they face.

What does it say when I am charged in court with 7 strike-able felonies and no felony convictions? What does it say when we wake our 7 year old children up at gun point? What does it say when a Mental Health facility has cameras and no explanations for the beatings and deaths that take place in there facility? This all cannot just be me. Young old white and brown you just might be the next victim to the corruption in the Santa Barbara criminal courts! What does it say when Denise  D'Sant Angelo is forced to face 11 years in prison with 5 charges.Than read what a insurance scammer was sentenced to with over 60 victims ad only 1 felony charge, how the hell can that be?. Now mind you the "alleged victim" had filed for a bankruptcy and clearly made his intentions know he would give up  the house. Now in the bankruptcy process credit counsuling is manditory at least 180 days before filing thus the district's attorneys time line is false. If you think  ate the Lyons case up wait till  finish with the D.A. in this case. These dummies just make it to damn easy for me to pick apart.


Thursday, July 16, 2009
David Abraham, 48, was pled guilty on 7/9 to charges of grand theft relating to a scheme in which he sold annuity policies and then transferred them to another company, creating fines to the policyholders but commissions for himself. Abraham was sentence to 90 days in jail. He must also repay the $2.1 million in funds he took from over 60 clients, many of whom were from the Santa Barbara area.


"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." (Berger v. United States (1935) 295 U.S. 78, 88 [79 L.Ed. 1314, 1321, 55 S. Ct. 629]; County of Santa Clara v,. Superior Court (2010) 50 Cal.4th35, 48.)

Nun Scammer on Trial for Elder Abuse

Wednesday, April 27, 2011 Denise D'Sant Angelo—previously convicted of felony grand theft for stealing $2,800 that donors had intended to help three nuns find housing—is finally back in court facing new charges of financial elder abuse and grand theft. D'Sant Angelo and the court heard opening remarks from Deputy District Attorney Brian Cota who alleged she told a couple in their seventies—whom she met while going door-to-door for the nuns—that she could save their longtime house that was about to go into foreclosure. She allegedly took $30,000 from them over the course of a year and a half for services never rendered, and used the money to pay her rent. She faces seven charges of financial elder abuse and grand theft, and one count of unauthorized practice of law. She faces a total of 11 years in jail.


Can you see the lack of balance here, there is no justice in Santa Barbara?




I always use the craigslist when I put a posting on my blog. Here is another person agreeing with you.
http://santabarbara.craigslist.org/rnr/2384316372.html

RE: the abuse our youth


Date: 2011-05-16, 10:11AM PDT
Reply to:
[Errors when replying to ads?]


My heart goes out to you! I KNOW how SB sheriffs operate, even though I don't live in SB, but Orcutt I have had a similar experience with their ways, even though it was NOTHING like this, it was bad enough. My son who is now 24, was such a good kid never got in trouble in school, nothing. It started when he was 11 yr. old little boy. Was playing across the street in front of our eyes, guess he found a book of matches, he lit a match at the same time a man was walking in the field and approached him and then because this man was on probation and lived in a recovery home there he contacted the SB Fire chief (who he was trying to impress, he had done community service for him) and made a big deal out of it, was no fire, mind you, ever, no evidence of fire, just his word. Anyway, the police then show up at my son's school, it went on and on. They put him on probation, and he had to do community service. Because of that, when he was 14 he was in a friends garage, later, not that day, the kid had a party and someone burned a hole in a mattress and a neighbor called the police, to make it short it started a ONE YEAR investigation! 20 kids and their parents were drug into it Court, all kinds of BS, it turned out that a girl from across the street had actually burned the mattress and her mom was dating a cop and he didn't want her implicated so drummed up a phony story about these boys partying in the garage. It was ridiculous! Time off work, scared kids! Harassment! There is more, but because of all this stupid crap my son became a recluse and didn't even want to leave the house. One time a kid borrowed my sons bike after school and rode to old town market, he stole, someone told my son the cops were there and he went to get his bike. He and all the kids (who weren't even there!) got arrested, thrown in a cop car and taken to police station. When I went to get my son the cop slammed him into a wall right in front of my eyes! They tried to charge all the boys with "commercial burglary", and they weren't even there. But because they had been hanging out together earlier! It was so stupid and corrupt! I know how the SB sheriffs operate and I wouldn't call them if I needed them because they drum up their own story and they lie! Then you go to court and they start to make deals, "if you will SAY you did this, we will do that". And it will be a charge they didn't even have or some ridiculous plea deal! It is all about a corrupt system and MONEY! I am sooo sorry you are going through this. As a mom, and experiences of my own, my heart hurts for you. It is as if, by the time your (good kid) turns 12 the cops decide to turn him into a bad kid and are not happy until they have either accomplished that or broken his spirit so much that he can't feel like a normal young man and he is terrified. I will pray for him and for you. I don't know how I could survive what you are going through - I will pray for you to have strength and for your son to somehow get out of this situation. Looks impossible, I know, but remember that NOTHING is impossible with God. So I will be praying for you and him. I did last night. Just want you to know that. God Bless you. If you need someone to talk to just respond (RE: our youth)

  • it's NOT ok to contact this poster with services or other commercial interests




PostingID: 2384316372

I hope and pray the law is applied to Ricardo Juarez's and the appeal process so that the corruption in Santa Barbara is exposed!

I  hope and pray the law is applied to Ricardo Juarez's and the appeal process so that the corruption in Santa Barbara is exposed!

04/29/2011 Letter brief filed. Defendant and Appellant: Juarez, Ricardo
Attorney: Danalynn Pritz
 
SUPPLEMENTAL - by appellant
05/16/2011 Letter brief filed. Plaintiff and Respondent: The People
Attorney: Office of the Attorney General
 
SUPPLEMENTAL - by respondent/People
05/16/2011 Cause submitted.


> Date: Mon, 16 May 2011 16:16:13 -0700
> From: Notify@jud.ca.gov
> Subject: California Court of Appeal Case Notification for: B214315
> To: sb_magic@hotmail.com
>
> sb_magic@hotmail.com, the following transaction has occurred in:
> The People v. Juarez
> Case: B214315 2nd District, Division 6
>
> Date (YYYY-MM-DD): 2011-05-16
> Event Description: Letter brief filed.
> Notes:
> SUPPLEMENTAL - by respondent/People
>
>
>
> For more information on this case, go to:
> http://appellatecases.courtinfo.ca.gov/search/case/dockets.cfm?dist=2&doc_id=1387709
>
> Do not reply to this e-mail. Messages sent to this e-mail address will not be processed.

Sunday, May 15, 2011

what goes on behind closed doors at the Santa Barbara County psychiatric health facility, I was beaten!

 Do I believe 15 year old youth in Santa Barbara are targeted, damn right I do.

From: sb_magic@hotmail.com
To: sb_magic@hotmail.com
Subject: RE: There is a lot of Amazing Things about Law Enforcement in Santa Barbara and why I was given a beating!
Date: Wed, 11 May 2011 21:23:27 -0700

Larry
This IS the most amazing case (Lyons Double Murder) I have ever heard of – absolutely crazy in every aspect.
How are you at writing a book?


Well People,
of course we would need a proof reader but I am up to any challenge. I rate the Corey Lyons case as 2 out of 4 stars in the amazing category for Santa Barbara corruption.

Try this on for Amazing People. In 2005 I go to Morgan Hill as I have shared with you before. I have never been involved in anything illegal. I decide to stay at the Morgan Hill Extend Stay Hotel that is under a remodel and offering studios with full kitchen for 899. a month. I did not know at the time that the day before I get my room a counter fitting ring was arrested there. My instincts were telling me I was under surveillance by some type of law enforcement. One night when my cam was on and my room was not well lite I saw 3 laser lights going from one wall to another on my computer screen. From the picture over the bed to the mirror across the room that is called optical bugging. Of course I did not know that at the time.  

So after two long months at this hotel I am heading back to Santa Barbara and I see a dark 4 door sedan following me on the freeway. I park at a rest stop go to the restroom and when I come out the vehicle is parked next to me. I was an auto repair manager before real estate and I noticed the temporary D.M.V. sticker on the windshield of the car is from Santa Barbara. Upon my return to Santa Barbara I happen by the police station and there are four brand new identical 4dr sedans with the same temporary registration in the window.

  People try to keep an open mind here. I have left nothing out because I nothing to hide. However when accusations of mental health issues have been made by law enforcement some may view this with a closed mind. Regardless of what treatment I was in need of a beating was not one of them. Now after my release from the facility i stayed at a hotel with a heated swimming pool. I would often swim up to 5 times a day because that seemed to stretch and treat my sore kidney area.

  I am beaten (11/23/05) as I try and get internal affairs to investigate why I was followed back from Morgan Hill by law enforcement. I still have the description of the Santa Barbara police officer who followed me. Now during this time my Dad is concerned I was paranoid  and on drugs so at his request the police perofm a second 5150 mental health evaluation and take me to Cottage Hospital (11/18/05). 5 days earlier I had went through the first evaluation because out of frustration with life I was beating my truck, I was just venting from frustration and some depression too. I was cleared and released from  the first evaluation, both times a drug test was performed and no drugs where found in me or on my possession. The second time the SBPD kept me and placed me in the Santa Barbara County health facility. After 3 days there I requested that a writ of habeas corpus be filed on my behalf. It was simple to me that the police placed me there to teach me a lesson. No matter what people thought of my mental capacity at the time I knew I must have rights and tried to implement them. The correct procedure would have been to have the public defender come in and represent in Superior court.

  So people you want Amazing guess what I did next? I advised the staff that if they did not follow the law I would escape, AND I DID. Escaping was simple and the reason I did that was because I felt that the Law Enforcement officer who had placed me there had no proper documentation and that this act by me would throw a wrench into there plans. I went home showered and ate something. I was cooking for my dad when 5 sheriffs and dog showed up for me. I put no kind of resistance but I did ask for the Court order or warrant, they had neither. Now that was odd since the hospital staff had told me they were in court that day obtaining a court order to keep me for an additional two weeks. Now People why would any American allow themselves to be taken against there will when law enforcement had no legal document to do so? What if they wanted to take me  to jail instead and claimed I was a molester or bank robber with no charges or crime committed would my dad have just stood to the side than, no because he knows better of me. But label this drug and a mental health issues and people do not see the abuse for what it is.  You see because  I was being stalked by law enforcement I can see were family would think I was going through some type of break down which is what they wanted everyone to see.

So upon my return to the mental health facility there is some type of hearing at the hospital and I am found not to be a grave danger to self or others as was claimed when they placed me there. But they did find that I was unable take care of myself and no place to go. I have the documentation for this.  Than later that night after my family had left it starts,  I am over medicated and repeatedly beaten. At one point it was like a dream to me and I can remember being on the ground after being struck. Not one to give in I ask if that is all they have and mock them. I push the issue and am struck again. Now I have an extremely high tolerance to pain medication and must not have passed out as they had planned. I fought through there drugs made it out of my room and someone there had to have placed the call for the ambulance. Again what of the camera in my room and I must find who placed that911 call. As luck would have it guess what happen last week Bryan? I just noticed after 5 years that the ambulance corporate office is a half mile from my home. So I need to go into there office and see what documentation I can come up with.

At Thanksgiving night my son visits me in the facility and we shoot basketball. I have to stop and causally mention to him that my kidney area is sore and getting worse and I have no idea why. You must remember as a father and given the situation and the affect the drugs had on me what choice did I have but to play along and get my self released. Even with  my  being over medicated I knew to get my treatment records immediately after my release from the S.B. county mental health facility. I have two bills for the ambulance one each  way and for the cat scan that was perform. As it turns out my ex wife's health insurance was billed for all of that occurred on 11/23/05. Now the medical records from the mental health facility have no mention or notation of my ever being taken to the local hospital but they did record my escape. Bryan my mom and dad were on there way to visit me when I was being taken to the other hospital so I even have witnesses. No Law Enforcement agency will investigate.

   Now I recently shared how the Santa Barbara corners office has not given a cause of death for another mental health facility patient. C Detty found dead in his room and 8 months have already passed since the death. People the whole facility is monitored by security cameras including the patients room as well as where I would have been removed by ambulance. It would be very easy to produce the video from my stay as well as Mr. Detty's death and put an end to any challenges!


Now how my divorce, my staying in Morgan hill and the interaction with Law enforcement here in Santa Barbara is all related is beyond me. What I do know is that one month after returning from Morgan Hill and investigating why the SBPD followed me back from there I was beaten. What I do know is that for the next eight months that I investigated why I was beaten I was charged with 7 strike-able felonies. It does not take a genius to see that there is something there that someone does not want exposed.

How is that for Amazing!


Larry “Magic” Mendoza
www.santabarbaracriminalcourtcorruption.blogspot.com

  

Support for Jacob Medina against the abuse in the Santa Barbara Criminal system.

                                                        Supporting Jacob

 As I sit down and contemplate how to tell you the story of my son Jacob, it is so difficult to keep my self intact. My son Jacob was born and raised in Santa Barbara as I was along with all of my family. He attended Saint Raphael’s Catholic School, Goleta Valley Junior High, Dos Pueblos High School and finally Santa Barbara High School. He has always excelled at sports; any kind of ball he picked up, the sport seemed to come with such ease. He is the kid that always makes you laugh, has a big heart and a great smile. Like so many kids that grow up in Santa Barbara, either the Eastside or Westside of town, it seems that they will encounter a friend that has a gang tie, or just hangs around with the guys they know as friends. You know the ones that they have known since grade school, the ones that have been tagged with the label gang member, whether true, or not. The ones that you hear about in the news, but just like anything, especially in Santa Barbara you only get one side of the story, the half-truth. What the SBPD and DA’s Office wants you to hear. They were saying that this was my son. When Jacob was about the age of 15 we did decide to move back to the Eastside of town after living in Goleta for some years. A new group of kids to hang out with, many known from playing AYSO and YFL, many of their parents I had gone to high school with myself. I did see a change in his dressing for about a year and a half, was it truly a gang-tie, or was it the way that everyone was dressing? We kept up on him always, talking to him, on him whether he liked it, or not. He did encounter a new group of friends; many of them frequented the house. They were always polite and respectful. I must say it was difficult for me not to be judgmental myself. Growing up in Santa Barbara in the 80’s with somewhat of a privileged upbringing, we never saw any of this. I said “Come on Yolanda, you know better”. I started talking with them hearing their stories. Some, had it tough, some more than others, but many were like my son growing up. They had love from their parents, never went without anything and had been brought up having manners and showing respect. Jacob always told me not to judge the way that they looked. This is something I know too well now. Jacob has such a big heart that he always wanted to take someone in, feed them, and let them borrow clothes if they needed a change.

After a few curfew violations and encounters with the Santa Barbara PD. I started to see all of this transpire before my eyes with disbelief. He had to appear in court, for what they said was assault. Was this a joke? As I sat their and listened to the DA’s office say that he had assaulted an officer, how could this be? I came to find out that he did spit at one and it landed about a foot from where he was standing. Although I know this should not have happened, after all we were always raised to respect the police, right? Well, they sentenced him to time in Juvenile Hall. I could feel my heart racing and my eyes welling with tears. How could this be happening, where did I go wrong. I remember the look on Jacob’s face when he looked at me right after the judge handed down his sentence. It is a look that I will never forget and still brings tears to my eyes 6 years later. When I got to speak with Jacob he did admit to what he had done. But what everyone else did not get to hear, was his side of the story. I am not making excuses for him; he should not have spit at this officer. However, should an officer be antagonistic?
Should an officer slam a kid to the ground? Should He have said in front of me, “If I see you on the street and you try and spit at me again, I will knock your fucken teeth out” This was my 15 year old Son! How dare you speak to him like that? This started a whole 2 years of Jacob going in and out of Juvenile Hall and Los Prietos Boys Camp. We visited him every weekend he bounced back and forth from Camp to Juvenile Hall for a period of about a year. I watched him spiral into depression. I spoke to everyone at the camp, went to counseling appointment after counseling appointment until we found out that he had been diagnosed with “Dysthymia”. What was this? What did it mean? It is someone that has suffered from depression for a period longer than 2 years and develops a chemical imbalance in the brain. I immediately started to research it and get him the counseling and medication he needed. I fought to have him released from camp because after having numerous sessions with the camp counselor they felt that he could not successfully complete the program. We got him back home and on what seemed to be a good path, which included him enrolling at Santa Barbara City College and a shift in what he wanted to be. An attorney, someone that was going to be on the side of these kids, not just showing up to defend them because they had to in order to collect a pay check. He became enthusiastic about school and seemed to be enjoying it. A loud knock came at the door in the early morning hours in October of 2009 (Gator Roll). I woke out of my sleep and answered the door. I was greeted by policemen in full gear aiming a gun at me demanding to know where Jacob was. They were yelling for everyone one to come downstairs. My husband had already left for work, Jacob walked downstairs and was immediately placed in hand cuffs and down on the ground as well as my other Son. Next my little 7 year old daughter was coming down in a daze, I yelled at the officers because they were aiming a gun at her. A female Officer stepped in front of the male and guided her down with a kind voice. They proceeded into my home turning everything upside down. Jacob was immediately hauled off in the back of a police car. It was five in the morning and the 3 of us were standing outside freezing. They would not tell me what they were looking for, they just handed me a warrant to search my home. They were there for what seemed to be forever, I guess not finding anything, I heard one of them say we are not leaving here empty handed. What did that mean? They confiscated a pair of nun chucks that were hanging on a Bruce Lee poster he had since he was about 13 years old, he never touched them. He had always been a fan of Bruce Lee. They charged him with possession of a deadly weapon. ( Now these nun chucks were all they could use to file charges in a FEDERAL R.I.C.O. case "Gator Roll" against a 15 year old youth, are you kidding me?) They also took his laptop which had a school project he had done showing his transition (they later used this against him). We hired an attorney; he was released and placed on probation for one year. He was one month from completing probation successfully, when another knock came at the door in the early morning hours. I was handed another warrant and Jacob was again hauled off in the back of a police car. We received a phone call from him that afternoon. My heart dropped and I cried when he told me “Mom, they arrested me for attempted murder, “I don’t know what they are talking about, and you need to help me”. The past year has been one nightmare after another. We posted bail, hired an attorney and started the battle for my son’s life. He continued to go to school and work at Santa Barbara City College; he has spoken at schools telling kids his life story and started mentoring. I have learned and witnessed so much of how Santa Barbara’s judicial system works. The discrimination it has for young Hispanic kids. The narrow minded comments I read in the local papers. “Where are their parents? They should all be shipped back to Mexico”. You know what; their parents are right here fighting for them. They have been born and raised here as their parents and grandparents have. I know that some of the stories and issues are true, but there is also another side to the story, a side that not many people in Santa Barbara would believe (or want to hear) the ugly side of the judicial system, the prejudice of Santa Barbara’s District Attorney’s Office. The constant harassment that the SBPD puts these kids through on a daily basis (I have personally witnessed first hand). The black and white (or should I say brown and white) thinking of a prosecutor, if you are Hispanic and have been accused of a crime in Santa Barbara, you are guilty until proven innocent. How does this happen when these kids are threatened with sentences that are incomprehensible. Give me information whether it be true, or not and we will give you a reduction in sentencing. How is it that some of these kids can take the stand, kids that have lied in cases and put other kids away for 10, 15, 20 years? How it is that self proclaimed involvement of unspeakable crimes goes away when it becomes personal to the District Attorney’s office and the Santa Barbara Police Department?

My son was sentenced to 15 years this week (April 25, 2011); it is a daily nightmare for me and my family. I can hardly bring myself to get out of bed in the morning. What happens to those kids that he was reaching? What about the kids and the community members that were moved by his transformation, motivation and courage that he had to stand up and tell his story? There was a reason that there were over 100 people that showed up for his sentencing hearing. Those people got to witness first hand the prejudice and difference in treatment when his Hispanic character witnesses took that stand. The blatant way they were treated differently in comparison to the Caucasian ones that took the stand for him, the lies that were told, the show that is put on by the courtroom Bailiff’s. I sit here and go over everything in my mind. They tell us on the news and Local cable shows that we want these kids to succeed, we are here helping them. I know this to be a complete lie! Who do those kids have now? As I sit here and think of everything that has happened over the past few years, I can not believe that this is the same town that I was born and raised in. How do we as a community live with ourselves? How did we let it get this bad and why do we continue to put up with it? Until we come together to put a stop to it and demand as a community that it stop. Especially the Hispanic community, we can not let this go on. Those Hispanics that are in the public eye can not just be Hispanic one week out of the year at Fiesta’s when they claim their ancestry because that is the only time it is OK to be Hispanic in Santa Barbara. I made a promise to my son to continue on helping and not putting up with this. We will continue to support Jacob and fight to make the changes that our community so desperately needs.

I can not sit and watch as they continue to hand down these sentences to these Hispanic children and young adults, because they believe that incarcerating them is the answer to it all. They believe putting them away because someone said they were present, even if there is no physical evidence. The DA’s Office is at free will to prosecute these cases with outcomes that they control, not the jury’s. The Judges go along with whatever the DA’s and the Probation Departments say, because in the words of one Judge in Santa Barbara “Jacob Medina and Ruben Mizes’s lives are not worth my job”.


Monday, May 9, 2011

California Public Pension Funds Yearly Audits by the California State Controllers Office. County by County, City by City. http://www.sco.ca.gov/ard_locrep_retirement.html

http://www.sco.ca.gov/ard_locrep_retirement.html

TO ALL UNION MEMBERS OF SEIU, HERE IS SOME PENSION FUND DATA THAT MIGHT INTEREST YOU.

Dear SEIU 620 UNION MEMBER
Hello my name is Larry Mendoza and I phoned you today about the SBCERS pension fund and questions I have on it's TRUE value. People are very concerned with this issue and I have already appeared on T.V. twice most recently last October in Santa Maria. I am due back to share and update the public with my latest findings  next month. I will  also be writing an editorial for a parent journal regarding parent/educational issues in California next month. I have spent months researching data and that would best be presented in a sit down meeting. Marcelino there are just to many contradictions in value and the return on investment were just too strong for the pension fund to be underfunded at this current day and time.
All I ask is that you please print the attachment I have forwarded and review just a few quick points.  Very simply look at the top left corner of the attachment and find the column that shows the fund value for 06/30/98 which is just exceeds 1 billion dollars and I have pasted it below. Than drop lower on that same page and look under the "summary of funding position". follow the summary from right to left for 12/31/98 and that shows the pension fund value does not even reach 800 million. So than how is it that  six month earlier the fund value was 263 million dollars higher on 06/30/98?
The attachment page was taken from the reports that the State of California keep @
DEAR UNION MEMBER, this next chart reflects data from 1981 through 2000 for the SBCER pension fund and it's returns on investment. The funds performance during that time exceeded the assumption rate by a full 3.50% . The return during that period was 11.4% and the assumption rate at that time was only 7.9%, there should have been no issues with the funds value other than it being under reported. The fund has a assumption of a" real net return" of between 3.25% and 3.50%, so what the 11.4% return shows us is that the fund doubled there "real net' need for 20 straight years!
THEIS CHART REFLECTS A WELL FUNDED PENSION PLAN FOR A FULL 20 YEARS WHICH ALLOWED 180 MILLION DOLLARS  IN "EXCESS RETURNS "TO BE PULLED IN THE YEAR 1999.
THIS GRAPH SHOWS THAT SINCE 1942 THE SBCERS PENSION FUND HAS ALWAYS HAD A POSITIVE RETURN on investment. .........................................................
AND THE AREAS MARKED IN RED REFLECT WHEN "EXCESS FUNDS Have BEEN ILLEGALLY REMOVED.
DEAR UNION MEMBER, have you ever read County Controller Robert Gies's "White Paper"? It was writen in 2006 to clear up issues people were having with the pension. There is so much to discuss about how Mr. Geis informs us just how the pension fund is raped. Now I don't think that was his intention but after I read it I have to be honest I asked myself why did he even bother? Just a few quick points here and I will be done. The next examples here where taken from that letter and you can find it at @ http://www.countyofsb.org/auditor/Publications/CountyRetirementCosts.pdf.  In the two boxes below taken from page 2 both have no 12/31/01 date or value for the pension. How can you balance a check book with missing data? Also you can see that the value reporting date was switched from 12/31 and the year to the now commonly used 06/30 and the year. Underneath these two boxes is my favorite part of the "White paper" when it says; " This is not an actuarially sound practice because "excess earnings" are not equivalent to surplus earnings". It goes on to say how this practice takes from the pension fund but is than added back to the unfunded liability side at a new cost to the taxpayers. I have so much more to share and hope you are interested in a face to face meeting.

Regards



Larry Mendoza
805-636-2302

Saturday, May 7, 2011

What will be different in a third Corey Lyons murder trial. The past Juror's havespoken!


 . I am stuck here wondering what else I can write about today. Oh I know how about the Correspondence dinner last week in Washington, and the way President Obama dealt with the non issue of his birth certificate. Now I am not sure what is required in Hawaii to obtain a copy but really how hard did anyone want to see this document? So we all should put the real unresolved issues of say Terrorism or Wall Street to the side. While those who are considering to run for President do so on a Birth Certificate agenda.  Thank God that President Obama is able to multi task and as we all know by now had much bigger issues being dealt with simultaneously. Speaking of the President is it me or has the President started to come into his own? Call me crazy but I think maybe the rest of the country is finally getting what he has been about from the beginning. I really look forward to seeing what great things are still to come from his Presidency.

How hard did anyone really want to solve the birth certificate issue? Humm that’s like saying how hard did the Santa Barbara District Attorneys office really work at trying to convict Corey Lyons. Well based on what this juror had to say from the first trial I have a real issue with the effort and expectations of the D.A.’s office. How can one expect to convict on circumstantial evidence when in all honestly there was no real effort to gather any. I say that based on the testimony of the man whose responsibility it was to search for this evidence in the first place.

 Criminalist “Ullemeyer then shifted to describing to the jury how and why he processed the home’s downstairs back door for fingerprints. All of the other doors and windows were locked from the inside, he explained, meaning the downstairs patio door was most likely the entrance used by the suspect or suspects. There was no indication fingerprints would have been found elsewhere, Ullemeyer said, so he didn’t process any areas other than the door, its handle, and the rod — then removed — used to keep it from sliding open all the way. To fingerprint the entire house would have been “time prohibitive,”

Based on that testimony you can see why the juror here made the comment that they did.
 http://www.edhat.com/site/tidbit.cfm?id=1215&tid=1394&art=54741 
COMMENT 170522 2011-05-05 02:52 PM
“I was on the original jury for this trial and there is virtually no hard evidence to prove Corey Lyons did it. There is a Mountain of circumstantial evidence that points to him but almost no hard evidence. The thing that you have to remember in any case is that the jury is not there to say "we think so and so did it" The jury is there to decide whether the prosecution has PROVEN that so-and-so did it, and its an almost impossible job in this case”
What blew me away  was the 29 comments on this web site had even though there daily email had virtually no coverage of any part of the second trial except for the verdict.


Than District Attorney Joyce Dudley was quoted as saying “justice demands that there is a retrial” .  With so many county workers faced with losing there jobs is she telling there families’ saving face is more important than there survival?  There are equal parts to a prosecutor’s responsibility and none is greater than the other. "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." (Berger v. United States (1935) 295 U.S. 78, 88 [79 L.Ed. 1314, 1321, 55 S. Ct. 629]; County of Santa Clara v. Superior Court (2010) 50 Cal.4th35, 48.)


  I must emphasize here that you all consider what a huge advantages the prosecution has had in both trials up to this point. The prosecution already knew after the first mistrial and the 30 days they spent presenting there case, the jury would not have convicted Corey Lyons. However based on there most recent 46 days I am hard pressed to see how there second effort was any kind of improvement. In fact in the Santa Barbara news press story yesterday juror after juror stated point blank that the prosecution did not prove their case. Prosecution 76 days Defense 0, and had Mr. Sanger used all that was available to him. I and others feel an acquittal would have been the likely out come.

 So I ask District Attorney Joyce Dudley what has changed in two days after your office was defeated by the No Defense Defense, to make you feel that next time you will get a conviction (Magic Maybe)? You see people, that is why the absence of any accurate coverage of either trial is harmful to us all. It opens the door for a week minded person to think they can use a third try and manipulate an unjust verdict.

"Physical evidence cannot be intimidated.  It does not forget.  It sets there and waits to be detected, preserved, evaluated and explained." Words to live by in the future Mr. Ullemeyer. Oh that’s right I found the quote on your web page @ http://ullemeyer.com/services.html than you can visit my blog @
www.santabarbaracriminalcourtcorruption.blogspot.com








Thursday, May 5, 2011

Second mistrial declared in second Corey Lyons double murder Trial

So a second mistrial has been declared 7-5 not guilty in the Corey Lyons double murder. Probably for the first time a majority of my readers can see there is validity in my challenging the criminal court system here in Santa Barbara. Both Criminalist Ullemeyer and Sheriff’s Corner Olsen should be embarrassed and must shoulder some responsibility for the out come.

 Please believe me, from what I was able to learn about what went on behind the scenes in this case. I am lead to believe that any evidence to convict Corey Lyons that the prosecutor may hold, could be challenged by a real criminalist thus making a guilty verdict almost impossible to obtain.

 D'Sant Angelo Case‏ also know as the “Nun Scammer” case is next on my things to do. Yes I will challenge tactics used by the prosecutor and evidence gathering again. How ever I will also be sharing concerns about the actions and non actions of her on attorney Joe Allen. Now Mr. Allen and I have indeed shared correspondence before and he receives my postings via direct email. Based on those facts Mr. Allen as is every one will be welcome to clear up or challenge anything I post.  


 We need real police work as well  proper actions by our Superior Court and the Judges that preside over them, that has not been happening for far to long. So long in fact I feel my most loyal followers are in fact the “Good Guys” of law enforcement. I was beaten on 11/23/05 and still swimming in a heated pool 12/10/05 to deal with the kidney area pain.  If any one has a public forum to speak out pick me up and I will be glad to do so. We are still in the process of trying to diagnose what has happen to my health but I still have some fight in me.
Maybe now the media will start to cover the second trial?



Larry “Magic” Mendoza

Next up for today; reviewing some past false numbers with the SBCERS pension fund. The question should not be why I am challenging these figures. The question should be why our Santa Barbara Board of Supervisors have not joined me?  I have also followed up with Chief Counsel Richard J. Chivaro of the California State Controllers office and asked where my 29 years of audits are this past week.





Wow, nothing on KEYT last night
http://www.keyt.com/news/local/Verdict-in-Corey-Lyons-Case-121340519.html
Verdict in Corey Lyons Case
Story Created: May 5, 2011 at 12:25 PM PDT
Story Updated: May 5, 2011 at 1:21 PM PDT
Santa Barbara - A verdict has been reached in the murder trial involving Corey Lyons.

The jury handed down a 7 to 5 decision for not guilty, resulting in a second mistrial. The verdict was read in Department 2.

Lyons was on trial again for allegedly shooting to death his brother, Daniel Lyons, and sister-in-law, Barbara Scharton, inside their home on the Santa Barbara Mesa on May 4, 2009.

The first attempt to prosecute Lyons ended in a mistrial last December. Prosecutors will be back in court May 17. It is expected they will announce then how they will proceed in this case.
.
Lyons had been involved in a civil lawsuit with his brother who filed a worker’s compensation claim for construction on the couple’s home, and involved a reported $1.2 million in unreported wages.


http://www.ksby.com/news/second-mistrial-declared-in-santa-barbara-double-murder-case/
Second mistrial declared in Santa Barbara double-murder case
Posted: May 5, 2011 12:31 PM by Bethany Tucker, KSBY News
Updated: May 5, 2011 12:37 PM


A second mistrial is declared in a double-murder case out of Santa Barbara.
Thursday morning, a jury came back to court following deliberations in the case against Corey Lyons, and announced it could not come to a unanimous decision on a verdict. Lyons is accused of murdering his brother, Daniel, and Barbara Scharton back in May of 2009.
Following Thursday's announcement, a judge declared a mistrial in the case.
An NBC reporter in the courtroom says the jury was seven to five in favor of coming back with a not guilty verdict. One juror said he wanted a verdict of not guilty because he didn't see any evidence that put Lyons at the house in which the killings occurred. Other jurors said they were in favor of a guilty verdict because prosecutors presented evidence that Lyons had gunshot residue on his hands following the alleged murders. Lyons is due back in court on May 17th. That's when Senior Deputy District Attorney Gordon Auchincloss can announce whether he will re-file charges against Lyons.
A mistrial was also declared back in December 2010, due to testimony from one of Lyons' other brothers.
We'll have more on this story on KSBY News at 5 and 6.

Monday, May 2, 2011

My Greatest Day Being an American includes the F.D.N.Y.







What is the greatest feeling of pride you have ever felt about being an American? All across America people are voicing their views about what is supposedly wrong with this great nation of ours.  As for me my greatest sense of American pride came back in November of 2001. I was in Clovis California enjoying their night life. Just thinking about this brings a lump to my throat and tears my eyes. While deciding where to have a beer I heard a loud commotion coming from this one particular establishment. From outside and down the block you could feel this incredible energy coming from the inside, so that’s where I went.

Sunday, May 1, 2011

The second Corey Lyons case is with the Jury. Eric Frimpong and Corey Lyons whats with there defense attorney Robert Sanger?

Well it is time to share some more of my concerns regarding the second Lyons double murder trial. I can only talk in a limited capacity since very little has been reported by any type of media as this trial progressed. I was pleased to get this comment from a reader that confirms there is a real need to look into things as I do. “You get great scoops and really do a good job of bringing light to the dark corners.” So I guess we should start this posting by questioning why such an effort from the media to black out any type of trial coverage? I could take a guess and say that since the word “Gang “could not be used in there reports the media lost interest. In fact what little coverage the Santa Barbara news press did give the second trail, it never made the front page. That might be one reason why there circulation is down as low as it is. I should also mention that the “Anti Gang “ story made the front page and the Double Murder was way back on A-4 this past Thursday.

 I have been working on this posting for a week and before I could get a finished product posted the trial is over and in the hands of the jury. This was quite a surprise to a few professionals that I chat with and here is why. The Lyons trial closing was almost an identical to the Eric Frimpong rape case. 'The best defense was no defense,” One might also call this the Barry Bonds defense since that was also the tactic used in his recent Federal perjury case. Of course the defense attorney in both of our local cases was Robert Sanger. The second Lyons double murder trial started 02/28/11 and the prosecutor was still calling witnesses one week ago Friday. I cannot say how many days the defense used this past week but it could not have been more than 4 before they rested. I must admit that based on the evidence of which there is none; Corey Lyons should be found not guilty. [Larry, there is the possibility Corey was one of the shooters - therefore the distinction: “not guilty” is a legal term meaning the prosecutor did not prove his case, the defendant could still have done the crime, ie., he most definitely is not innocent] No witnesses, No DNA , No murder weapons. In fact the most potentially damaging testimony comes from his sister who was granted immunity for her altered testimony in the second trial.


One might also consider the sister’s potentially damaging letter she sent her brother in jail, nothing more than a stage prop in order to save herself from being charged with perjury. What we must remember to do is examine the physical evidence in this case as well as the incompetence in how that evidence was handled.  Add what appears to me as biased witness and police reports and this could result in another miscarriage of justice if he were to be found guilty.


Below is a portion of an article written by Sam Alipour for E.S.P.N. the Magazine about the Frimpong Trial back in 2009.
http://sports.espn.go.com/espn/news/story?id=4300383
“Nonetheless, Frimpong's supporters save much of their scorn for Sanger. The prosecution rested its case on Dec. 12, having called 32 witnesses; Sanger questioned them all on the stand but called only one additional witness, a blood expert who testified that Doe's blood alcohol level at the time the sample was taken, 5:37 a.m., was .20, and that it could have been as high as .29 at the time of the incident -- an almost lethal level. Sanger rested his case the next day. "The final score was 32-1," Vom Steeg says. "I feel guilty, like we didn't do enough." Loni Monahan spoke to Sanger throughout the trial about his strategy. "He told me, 'The best defense was no defense, because it would demonstrate there's nothing to defend,'" she says. "We made a mistake." Mr. Frimpong was sent to prison.

  
 If you went online and Googled for media coverage the results will of course bring up my blog and postings and little else. I mean who are we trying to kid when the lead criminalist refuses to perform his duties and search the crime scene for evidence. I did not mean to embarrass Mr. Ullemeyer when I reminded every one that the house was in the dark when the police arrived at 1:30 AM 05/04/09. Thus, showing us all there would be merit in at the very least testing for finger prints on the doors and light switches at the murder scene. Then when you consider that blood was found at Corey Lyons home, you would think if he was indeed the killer, there might be a chance some of his blood was left at the crime scene as well. The reality for me is Mr. Ullemeyer has embarrassed himself and his colleagues with his unprofessional Investigation.

 I received a phone call from my old boss at Mesa Uno Cal two weeks ago ( the old Union 76 Mesa Gas Station ). We chatted about the Lyons case and he reminded me that one of my old co-workers lives right smack dab in the middle of this whole mess. Also when I worked at Mesa 76 for Nitty I used to lived about 5 blocks from the murder scene. Now just because there is no media coverage do not kid yourself that the Mesa community is not talking about the murder and have some concerns of there own.

We all know that I had reported a property transfer (the murder scene) the morning after the murder but my old co-worker has heard rumors too. We have key code that would not have been known to Corey. I say this because one witness who took the stand during the trail said he was told by the victim, Barbara Scharton, if Corey were to show up at the home to call the police. Based on that statement Corey would not have the Garage key pad code. What about the lying in wait charges? If Corey was there waiting again, why no attempt to identify where Corey allegedly waited by criminalist Ullemeyer? I mean half the time the prosecutor’s own theories are defeated by  his own actions.

In Santa Barbara we have a criminalist who refuses to gather evidence.
We have a corner who can not find a cause of death, as in the Detty Mental Hospital case
A City Council who will not share there findings as in the Cam Sanchez investigation.

Why does Corey Lyons defense look just like Eric Frimpong's? I guess we need to ask his attorney Robert Sanger!



It looks like Corey Lyons is getting the same "The best defense is no defense" from his attorney Robert Sanger that  Eric Frimpong received, we all know how that turned out.

Nonetheless, Frimpong's supporters save much of their scorn for Sanger. The prosecution rested its case on Dec. 12, having called 32 witnesses; Sanger questioned them all on the stand but called only one additional witness, a blood expert who testified that Doe's blood alcohol level at the time the sample was taken, 5:37 a.m., was .20, and that it could have been as high as .29 at the time of the incident -- an almost lethal level. Sanger rested his case the next day. "The final score was 32-1," Vom Steeg says. "I feel guilty, like we didn't do enough." Loni Monahan spoke to Sanger throughout the trial about his strategy. "He told me, 'The best defense was no defense, because it would demonstrate there's nothing to defend,'" she says. "We made a mistake."

http://sports.espn.go.com/espn/news/story?id=4300383
Thursday, July 2, 2009
Updated: July 13, 11:27 AM ET
The story of prisoner F95488


By Sam Alipour
ESPN The Magazine
This story appears in the July 13 issue of ESPN The Magazine.
It's March 3, 2008, a brilliant day in Santa Barbara. But for Eric Frimpong, it feels like hell. He's in Superior Court, encircled by sheriff's deputies, making one more trip to the Department 2 courtroom. This is his last stop on the outside for a while, a painful reminder of how far he has fallen. He left his native Ghana in 2005 to play soccer for UC Santa Barbara; a year later he became a campus hero while leading the Gauchos to their first-ever national championship. If the immigrant experience can have a sound, Frimpong's sound was a raucous stadium. But in 2007, just weeks after being selected by the Kansas City Wizards in the MLS draft, he was accused of raping another student on the beach near his house. Now he's a convicted felon.
Frimpong enters the courtroom, which is packed with students and parents, former teammates and coaches -- row upon row of supporters. They've come for the sentencing that concludes a trial that has rocked this community: People v. Eric Frimpong. Or more accurately, People v. Eric Frimpong and His People.
A victim's advocate reads a statement on behalf of the accuser, referred to in this story and in news coverage throughout the trial as Jane Doe. "I don't care that he's a soccer star…and I'm a nobody," the statement says. "Eric Frimpong ruined my life."
There's a rumble in the gallery. If his supporters could chime in now, they'd say that the kid in the prison garb has never spoken an unkind word or acted aggressively toward anyone. They would remind the court of the points made at trial: that his accuser was a woman with little memory of what happened that night because of a near-toxic blood alcohol level; that Frimpong's DNA wasn't found on the victim; that semen found on her underwear belonged to a jealous boyfriend, a white student who was never a suspect. They would argue that overzealous law enforcement was determined to nail a high-profile athlete, facts be damned, and that this was the Duke lacrosse case all over again -- except that the defendants in the Duke case were white men from affluent families with the means to navigate America's justice system, unlike Frimpong, who is poor and an immigrant.
Judge Brian Hill, citing Frimpong's clean record and "a lot of community support," delivers his sentence: six years in state prison. As Frimpong is led away, many people in the gallery are crying. Out in the hall, Paul and Loni Monahan stand solemnly while the courtroom empties. Their son, Pat, was Frimpong's teammate, and the Monahans -- a white, middle-class family -- had ­embraced "Frimmer" like a son and a brother. Loni distributes copies of a printed statement: "We will continue to fight for Eric. We will not rest until he is exonerated and the ugly truth of his wrongful prosecution and conviction comes out." When the leaflets are gone, she leans against a wall, tears flowing. "Eric believed in our system," she says. "He believed justice would prevail." Then she straightens. "Before I was sad," she says. "Now I'm mad."
Something good happened in Santa Barbara. Even now, as Frimpong sits behind a glass partition in the visitors' room of a California jail, he smiles easily while talking about where he's come from and what he has achieved. The way he sees it, he has always been fortunate.
Back in Ghana, in western Africa, he and his three younger siblings were raised by their mother, Mary, in the poor farming community of Abesin, but her job as a typist with the government forestry department allowed the family to have plumbing and electricity, unlike many of their neighbors. Eric was an engineering major and a midfielder for Kwame Nkrumah University of Science and Technology, in Kumasi, when he caught the eye of UCSB assistant Leo Chappel, who attended a 2005 match to scout the son of a Ghanian pro but ended up offering a scholarship to Frimpong instead. The first words out of Frimpong's mouth? Thank God. The next: What's UCSB?
By that August, the Gauchos had a crafty midfielder with intangibles to burn. Frimpong's intelligence, instinct and vision, along with his speed and touch, made him an on-the-ball force. He also had a winning personality. "Frimmer was very humble and considerate, on and off the field," says head coach Tim Vom Steeg.
As a senior the next year, the 5'6" Frimpong developed a reputation as a lockdown defender in leading the unseeded Big West champs to a string of improbable NCAA tournament wins. When the final whistle blew on the 2006 national championship game, the Cinderella Gauchos had defeated four-time king UCLA. Frimpong earned All-Big West honors, a spot in the MLS supplemental draft and the gratitude of his peers. "He was the heart and soul of the team," says Pat Monahan. "Eric won us that championship."
Everyone around Frimpong was buoyed by his success: his mother, friends and classmates, prominent locals who had helped him out along the way with invites to dinner, rides to the store and, when he struggled with homesickness during his junior year, a fund-raiser that yielded $3,000 for a ticket to Ghana. "We all tried to pitch in, because Eric's so darn likable," says Tim Foley, a booster who made Frimpong a regular guest at his family's home. "He was an American success story."
The Monahans were especially proud. Frimpong had met his "American parents" on move-in day in 2005, and they promptly invited him to spend Thanksgiving in San Diego. They gave him his first cell phone and laptop and took him on family vacations. They sat in their kitchen for hours listening to his stories about Ghana. They were also impressed by his knowledge of the Bible, and his quiet spirituality helped bolster their own faith. "He was going to graduate, play professionally, make more money here than he ever could in Ghana and bring it back to support his family," Loni says. "Eric really had it all."



Something bad happened in Santa Barbara. On Feb. 17, 2007, sometime after midnight on a fast-eroding bluff of beach right below 6547 Del Playa Drive, Jane Doe was raped. She said Eric Frimpong did it, and an all-white jury agreed. But the nature of the case, and some of the more slippery details surrounding it, has divided the community, raising questions about the reliability of the victim's memory, the true character of the accused, the motives and tactics of law enforcement, even the fairness of the justice system. Amid all the controversy, though, two simple truths remain: A young woman was victimized, and a young man's dream was shattered.
UCSB is among the nation's top party schools, and oceanfront Del Playa is the belly of the beast. Even a model student-athlete like Frimpong, who maintained a 3.0 GPA while working on a double major in applied mathematics and business economics, found it hard to skip the party entirely. After the Gauchos won it all, they were the toast of the town, especially Frimmer. As Pat Monahan puts it, "You'd walk into apartments and see Ghanian flags hanging over people's beds."
Frimpong's journey from soccer hero to convicted felon began a little more than halfway through his senior year. (The account that follows is based on police reports, interview transcripts, court proceedings and comments from trial observers.) The night of Feb. 16 began for Frimpong in the same place where he started most Friday nights, on the couch in his house at 6547 Del Playa Drive, watching a movie with housemates. His girlfriend, Yesenia Prieto, was working late, but Eric had reason to celebrate, fresh off an impressive 10-day tryout for the Wizards, so he showered and went to meet friends at a party at 6681 Del Playa Drive. It was outside that home, at about 11:30 p.m., that Frimpong met Jane Doe, a UCSB freshman. They struck up a conversation, then walked back to his house to play beer pong. They arrived just before midnight, and Eric introduced Jane to his roommates before taking her to the patio, where the two of them played beer pong for a few minutes until, according to Frimpong, Doe said she wanted to smoke, so they headed for the park next door. At the park, he says, Doe approached another male, who appeared to have followed them. When she walked back to Frimpong, she started kissing him, but he wasn't interested because she smelled of cigarettes. Doe became aggressive, he says, and stuck her hand down his pants. He pushed her away, then headed to the home of his friend, Krystal Giang, who'd been expecting him. By 4 a.m., he was in bed at Prieto's apartment.
About an hour and a half earlier, Jane Doe, accompanied by her sister and two friends, checked into Goleta Valley Cottage Hospital emergency clinic, claiming she had been raped. She was transferred to the Sexual Assault Response center downtown, where a nurse discovered a laceration to Doe's external genitalia and bruises on her body, findings consistent with sexual assault.
"Yesterday was a really good day," Doe told sheriff's detectives Daniel Kies and Michael Scherbarth when they arrived at her dorm room the next morning, according to a police transcript. The reason for cheer: The 18-year-old Doe had just regained her driver's license following a juvenile DUI conviction. At around 9 p.m. on Feb. 16, she went to a party with her sister, Elizabeth, and friends Mia Wolfson and Lakshmi Krishna. After stopping at a second party, Doe left the group and headed for a fraternity bash on Del Playa. "That's where I saw the guy," she told police.
From there, Doe's story is mostly consistent with Frimpong's, up to and including their game of beer pong. "He was really nice," she said. But their accounts differ sharply after that. According to Doe, the next thing she remembers is being on the beach, where the nice guy turned violent, knocking her to the ground, striking her in the face, holding her throat and raping her before fleeing. Having lost her purse, Doe walked to Del Playa, where she stopped a passerby, student Justin Hannah. Using his cell, she phoned a friend, her father and then Wolfson and Krishna, who picked her up around 1:30 a.m. Doe, who admitted to drinking heavily throughout the evening, couldn't remember anything between stepping into their car and going to the hospital -- a period of one hour -- but her friends would fill in the blanks: At first Doe didn't want to go to the hospital because she was worried about getting in trouble for drinking. But back at the dorm, her friends kept urging, and she relented. Sitting with the detectives that morning, she described her attacker as a black male who spoke with an "island accent" and had "big lips" and short hair. His name? "Eric, I think."
Sometime around noon on Feb. 17, Kies and Scherbarth spotted Frimpong hanging out with friends at the park on Del Playa. When Kies asked if he would accompany them to the station to talk about "what happened last night," Frimpong agreed to go, despite being unsure what the detective meant. Once at the station, Kies reminded Frimpong that he had come voluntarily and asked him to describe what he'd been doing the previous night. According to the police transcript, Frimpong told Kies about watching a movie at home, then going to a party and eventually meeting Doe, whom he described as one of the "random soccer fans," and playing beer pong with her before heading to Giang's house and later to Prieto's. Kies then asked for Frimpong's consent to collect the clothes he'd worn the night before. "Yeah," Frimpong responded, "but I still don't know what's going on." Kies explained that the girl said that they'd "had sex" on the beach.
"Wow," Frimpong responded.
Kies then informed Frimpong that he was being detained and read him his rights. Minutes later, he explained the rape accusation. "I didn't have sex with her," Frimpong insisted. Charged with felony rape, he phoned Paul Monahan, who spread the word. Vom Steeg couldn't believe it: "I'm thinking, Frimpong? Rape? No way." (The coach later asked Frimpong directly. "I said, 'Eric, is there any chance you had sex but you thought maybe it was consensual?' He said, 'Tim, I never pulled my pants down.' I said, 'If you did this, DNA will prove it.' He said, 'Coach, I'm not stupid.' ")

"I don't care that he's a soccer star and I'm a nobody," the victim wrote. "Eric Frimpong ruined my life."

By the next day, Frimpong supporters had mobilized. Vom Steeg arranged for Paul Monahan to meet with Foley, and it was agreed that Monahan would fund a defense while the $100,000 bail would be paid by Foley and Cam Camarena, a former UCSB soccer player who helps finance Right to Dream, a program that brings Ghanian players to America. Based on a referral, they hired attor­ney Robert Sanger, and funds were bolstered by the campus-based Eric Frimpong Freedom Fund, which raised $25,000 within months. When Frimpong was released on bond, teammates were waiting outside the police station. "Nobody knows Eric like we do," says former teammate Alfonso Motagalvan. "And he's just not capable of doing something like this."
When the test results came back in March, Frimpong's DNA hadn't been found on Jane Doe's clothing or body, but Doe's DNA had been found on Frimpong: in two nucleated epithelial cells, found on his scrotum and penis, and in an unspecified trace under his fingernail. (Epithelial cells are found inside the body and in body fluids like mucus, saliva and sweat. These tested negative as vaginal cells, but such tests can be inconclusive. When the case went to trial that November, the defense argued that the findings were consistent with Frimpong's claim that Doe had grabbed his genitals.) Also, semen found on Doe's underwear didn't match Frimpong's -- but it was a match for that of Benjamin Randall, Doe's sexual partner throughout her freshman year. Randall told authorities that he and Doe had engaged in intercourse seven days before the rape; Doe said they'd had sex four days prior but that she thought she was wearing different underwear, and she told a nurse that they'd used a condom. (During the trial, Doe and Randall confirmed they'd been together at parties the night she met Frimpong. Randall testified that, while en route to a friend's house, he spotted Doe and Frimpong walking on Del Playa at about 11:40 p.m. Randall then called Doe, and she told him she was headed to "Eric's house to play beer pong." Under cross-examination by Sanger, Randall admitted, "I might've been a little upset. I guess you can call that jealousy." He also testified that after the call, he returned to his dorm at Santa Barbara City College, where he spent the night alone.)
Despite having DNA evidence matched to him, Randall was never a suspect. Neither was the man who retrieved Doe's purse, which she said she'd lost either on the beach or at Frimpong's home. It was delivered to the sheriff's department the next day, minus $30, by someone described in the police report as a "can recycler." But because of a "language barrier," he wasn't questioned.
Frimpong was the only suspect, even though there was no apparent sign of sexual activity -- no blood, semen, vaginal secretions -- or any scratches or other telltale marks of rape on his body or clothes. The absence of abrasions was odd. Doe told authorities she was wearing a "thicker ring" on her right ring finger and that she hit her attacker so hard, "all my knuckles were screwed up." There was also very little sand found on his clothes. (At the trial, Dianne Burns, a criminologist who examined the physical evidence, testified to the presence of two small vials' worth of sand in the cuffs of Frimpong's jeans and in one pocket.)
Still, the district attorney's office pressed on, in a case reminiscent of one that was unraveling on the East Coast. "There was always a strong parallel to the Duke case," Vom Steeg says. "From the start, the sheriff's department felt like they had their guy. But when the evidence didn't turn out the way it was supposed to, their position became, 'If she's willing to testify, we'll go forward.' "


Using phone records, authorities estimate that the attack took place between 12:15 and 1:15 a.m., a time period for which Frimpong did not have a solid alibi. James Jennings, a bicycle taxi driver, said he gave Frimpong a lift between 12:30 and 2 a.m. and that the player acted like "the happiest guy in the world." Giang told authorities that Frimpong arrived at her home sometime between 11 p.m. and midnight. But a 1:34 a.m. phone call from Frimpong to Giang seemed to place his arrival later than she had estimated. Also thorny was the testimony of Hannah, the student who had lent Doe his phone. He said that while Doe "looked like she had just come out of a traumatic experience," her clothing didn't appear to be dirty or sandy. He also said that she told him that she "didn't know what had happened."
Throughout the investigation and during the trial, Doe admitted to gaps in her memory. In her interview with detectives, she claimed she had consumed "a couple shots of vodka" before leaving her dorm. In an interview that April with assistant district attorney Mary Barron, the lead prosecutor, Doe said she'd consumed more throughout the evening. "I know I had beer," she said. "And I know I had rum." She also acknowledged that her memory after beer pong was hazy. "That's when it starts to, like, cut out," she told Barron. According to the transcript, Doe had little memory of going to the beach, and her recollection of the rape itself was scattered. Asked whether she recalled going outside to smoke, Doe said she "probably" smoked but didn't remember when. "I don't even know, since there's that chunk missing."
So what happened on the beach? Doe said Frimpong may have tried to kiss her, but when pressed by Barron she admitted, "I have no clue. I'm just assuming…" She also said, "I remember him biting me on my face," even though she had told the emergency room doctor she thought she'd been hit, and when questioned by detectives, she said she didn't know about being bitten -- despite Kies' saying, "That's definitely, most definitely, teeth marks, dude," about the bruise on her cheek. When Barron questioned her about it, Doe said, "But later, when they're, like, 'It looks like teeth marks' …I remember that happening."
Doe continued, "I saw him, like, feel around -- take off his belt -- or something on his pants -- I don't know." She said she remembered being penetrated, and "it felt like a penis." Barron asked if the attacker was the same person she'd played beer pong with. Doe said that while she couldn't recall going to the beach, she remembered the attacker's accent, his eyes ("They were white") and his lips ("They're big"). She was also fairly confident that the rape lasted "15 minutes at the most… but then, since there's that huge chunk of time that I don't remember, it could be anything."
Many of Frimpong's supporters believe that race is at the heart of the case. Santa Barbara County has nearly 425,000 residents, but only 2% are black. "I love this town," says Foley, a resident for 30 years, "but there's no question there's racism here."
Thanks to Frimpong's celebrity status, he wasn't flying under the radar. "I'm 100% convinced that they were going to nail this guy before he walked into the station," Foley says. (At the trial, Burns testified that in a Feb. 22 phone call from Kies, the detective asked her to expedite her usual process, reminding her that this was a "high-profile case.")

"Eric never blamed corruption, never called anyone a racist, never called the girl a liar. He maintained faith that our justice system would see him through."

Back on campus, media coverage led to an unwelcome surprise for the defense: After reading about Frimpong's arrest, another student came forward claiming that she too had been assaulted by him. This new Jane Doe told police that a few weeks before the rape, he had acted aggressively toward her, grabbing her buttocks and tackling her on the beach. The DA used the accusation to charge Frimpong with misdemeanor sexual assault, which made for a second count at trial. (He was found not guilty.) "The DA's office filed a weak claim of sex­ual assault to portray Eric as a serial sexual predator and bolster the flawed rape claim," wrote Kim Seefeld, a local defense attorney and former prosecutor, in a blog post on Jan. 15, 2008. "The allegations severely prejudiced him before the jury."
The second charge also sent Frimpong back to jail, where friends say he was taunted by deputies. When Paul Monahan picked him up later that day, after Foley and Camarena paid the additional $250,000 bail, Frimpong broke down in tears.
There was no trip to the White House with the rest of his teammates. After the second arrest, Frimpong went into seclusion, moving to an apartment with Pat Monahan and relying on friends to run errands and deliver food. He still ventured out for dates with Prieto, and he remained active on the field, playing in an intramural league and with the semipro Ventura Fusion. He also took a part-time job with Foley. "I tried to give him pocket money, but he wouldn't take it," Foley says. "He was a different kid, just as sad as can be."
Meanwhile, a battle raged among the student body. On one side were Frimpong's loyal backers, who attested to his character in TV interviews and who carpooled in large numbers to his hearings. On the other side were victims' rights advocates, who responded with rape awareness presentations on campus and a confrontation with Frimpong supporters at an MLK Day rally. "It was ugly, with a lot of people saying a lot of dumb things," Giang says. "People just forgot that at the heart of this are the facts, not just vague concepts."
None of it kept Frimpong from graduating in June 2007. "Nine out of 10 kids would have dropped out," Vom Steeg says. "It says a lot about his character." Adds Camarena, now the head coach for the University of Hawaii at Hilo: "Eric never blamed corruption, never called anyone a racist, never called the girl a liar. He continued to uphold American values. And he maintained faith that our justice system would see him through."
Frimpong put that faith in an all-white jury of nine women and three men. His trial began on Nov. 26, and for three weeks Department 2 was home base for Team Frimpong. Many supporters came with notebooks, and during recess they would go to the café across the street to discuss the latest unfavorable ruling. They point to the time, for example, when Barron may have implied to the jury that Frimpong had chosen not to testify, even though the prosecution is not allowed to refer to the defendant's right to remain silent. While Judge Hill said that there were "possible inferences," he denied Sanger's motion for a mistrial. Also, during jury deliberations, Hill refused to dismiss juror No. 5 after her arrest for drunken driving. (The defense argued that the juror, whose case was in the hands of the DA, couldn't remain impartial.)
Perhaps the most troubling ruling, as far as the defense was concerned, involved bite mark analysis. The prosecution's forensic expert, Norman Sperber, testified that he couldn't rule out Frimpong for causing the bite on Jane Doe's face. But detectives failed to disclose that they had first approached another expert: Raymond Johansen would later testify, outside the jury's presence, that after preliminary analysis, he told Kies that the bite mark was "vague." Law enforcement is required to turn over evidence that doesn't point to the defendant as the suspect; suppressing such evidence is grounds for a mistrial. But Kies failed to file a report of his conversation with Johansen. When questioned by Sanger, the detective stated that while he had indeed approached Johansen first, the dentist had failed to provide any opinion. Kies and senior DA Ronald Zonen both told the court that they had passed over Johansen because he wanted to charge for his services, and Sperber wasn't charging. But Sperber testified that he always charges for his services, and he did so for this case, too. Judge Hill, who had served 19 years as a Santa Barbara DA prior to sitting on the bench, ruled that Johansen's testimony was not exculpatory and denied that motion as well.
Nonetheless, Frimpong's supporters save much of their scorn for Sanger. The prosecution rested its case on Dec. 12, having called 32 witnesses; Sanger questioned them all on the stand but called only one additional witness, a blood expert who testified that Doe's blood alcohol level at the time the sample was taken, 5:37 a.m., was .20, and that it could have been as high as .29 at the time of the incident -- an almost lethal level. Sanger rested his case the next day. "The final score was 32-1," Vom Steeg says. "I feel guilty, like we didn't do enough." Loni Monahan spoke to Sanger throughout the trial about his strategy. "He told me, 'The best defense was no defense, because it would demonstrate there's nothing to defend,'" she says. "We made a mistake."
The jury began deliberating on Friday, Dec. 14; the next Monday, just after 3:30 p.m., came the guilty verdict.
On Jan. 31, 2008, with Frimpong in jail awaiting sentencing, the defense filed a motion for a new trial, citing several factors, including a development with the jury: In a written declaration to the court, juror Ann Diebold stated, "I regret the decision I made in finding Mr. Frimpong guilty." Among her many points was the court's refusal to provide the jury with evidence they had requested for review, including Doe's testimony and Frimpong's interview with Kies -- the latter because some jurors stated that they wanted "the opportunity to hear Mr. Frimpong's side of the story." (They were read only Doe's direct testimony, without cross-examination, because Judge Hill said "it would take some time to gather the additional information," Diebold wrote.) Diebold also claimed that the jurors rushed through deliberations so they could conclude the case by the Christmas holiday. "I felt pressure from the judge and other jurors to reach a verdict by Dec. 18," she wrote.
Sanger's motion was a last-second heave, but it allowed him to put his own forensic dentist on the stand. Defense expert Charles Bowers fell ill during the trial and was unable to testify, but at the hearing on Feb. 28, he delivered his opinion: Frimpong's teeth could not have made the bite, but Randall's teeth could have. As Bowers spoke, there was a buzz in the gallery. But Judge Hill was unmoved. He began the hearing by saying that in his 27-year career, "I've not seen a rape case with so much incriminating, credible and powerful evidence," and ended it by dismissing the motion. Three days later, he sentenced Frimpong to six years.



Today Eric Frimpong is prisoner F95488, a ward of the California Correctional Institution in Tehachapi, about 75 miles northeast of Santa Barbara. Friends and supporters continue to fight for him, but none worries more than his mother. "She's sick to death," says Loni Monahan, who provides Mary with weekly updates. "We understand one of every 10 words, but we're moms, so it's enough." Loni's own son marvels at Eric's almost preternatural calm in the face of adversity. "The kid's in jail, and with all his issues, he's the one keeping us sane," Pat says.
Frimpong is small in size, but he seems to have avoided many of the pitfalls of life behind bars. He even calls many of his fellow inmates his friends. One of them is 45 year-old Terry Carter, who served time with Frimpong at Santa Barbara County Jail. "Eric was a godsend, just an amazingly positive influence," he says. "It's funny, but to guys twice his size, the kid's a leader."
Every day, Frimpong led group exercises in the yard, but his primary pastime was Bible study. Before his arrival it was Hispanics-only, so Eric started his own, and some of them joined his.
"It's a terrible thing that happened to me," Frimpong says. "Being in here, I keep asking myself why God put me in that situation. And then it struck me: Maybe I can reach more people, help more people, if they hear my story." His supporters say it's working. "All you have to do is look at Frimmer's camp -- he hasn't lost anyone," Vom Steeg says. "In fact, since the trial, he's actually gaining supporters." In Ghana, Frimpong's plight is well-documented by the media. In Santa Barbara, people continue to proclaim his innocence, even when it's not easy to do so. After writing several opinion pieces in the local papers, Kim Seefeld was inexplicably subpoenaed to appear at the hearings on the motion for a new trial. (She was never called to testify.) "I got harassed by the DA, subpoenaed and threatened, all because I stuck my neck out for someone I believe is innocent," says Seefeld, who plans to continue her writing. "That's what happens to a citizen who dares to question our justice system in Santa Barbara."
And then there are the letters from all over the world, many containing donations. "These are people who don't even know Eric, have never spoken directly to him," Loni Monahan says with awe. "Eric was born to be a pro soccer player, but he's realized he has more impact in the direction he's going. There's a groundswell going on."
The key addition to Team Frimpong is Ronald Turner, a Sacramento-based, court-appointed appellate attorney who has filed the opening brief in an appeal with the Second Appellate ­District of California. The process gives Frimpong hope. So too does his dream of eventually attending seminary and becoming a priest. Not that he has given up on turning pro. "He's very determined," says Andy Iro, Frimpong's friend and former teammate, now with the MLS' Columbus Crew. "His reputation has been tarnished, but if anyone can come out of this a better person, it's Eric."
Many nights, Frimpong says, he dreams the same dream: He is running, but not from anyone or anything. His bare feet punch the shoreline, toes clawing the sand, while the sun sets on the Pacific Ocean. "My body can be in prison," he says. "But my mind and soul are in Santa Barbara."
Something bad happened there. Two young lives were suddenly, sadly interrupted. But in the end, something good may still come of it.
Sam Alipour is based in Los Angeles. His Media Blitz column appears in ESPN The Magazine and regularly on Page 2. You can reach him at sam.alipour@gmail.com.