TIME TO CHOP THE FAMILY TREE DOWN
By Warren Yates
I have been absent from the scene for some time due to other pressing obligations to investigate criminal cases brought forth by the District Attorney’s Office. As I am investigating these new cases, it becomes very obvious that the resources of the Dist. Atty.’s office investigators is focused only on trying to prove defendants guilty, rather than to go the extra step and seek exculpatory evidence even though they are required to by law.
Once law enforcement has enough evidence to try to show that the arrestee may have committed the offense, the investigation stops there. There is no exculpatory evidence sought after the person has been incarcerated. As evidenced in the Frank Carson preliminary hearing, receiving timely discovery and exculpatory evidence from the Stanislaus County District Attorney’s Office is like trying to pull wisdom teeth from the jaws of a Saber Tooth Tiger. Just saying…
One of the current cases I am working on involves a very prominent officer of the court. When this officer of the court made the report to the police, he placed his own misdeeds on the back of a former employee. Having started the investigation and interviewing no less than nine former employees, it is obvious that the officer of the court is the culpable and criminally responsible party.
Had the arresting agency or the Stanislaus County District Attorney’s Office investigators invested even limited resources, they could’ve found this out themselves. But each particular agency wants to try to enhance their statistics on the backs of frequently innocent citizens. Remember, funding comes from statistics not necessarily justice.
This was most recently evidenced in Santa Clara County during a trial for attempted murder. Even after the bone headed Dist. Atty. was shown that the cell phone pings for our defendant placed him too far away to be the responsible for the shooting at the time it took place. The boneheaded Dist. Atty. was also advised that both our defendant and his fiancée passed polygraph examinations confirming that they were on the other side of San Jose when the shooting took place.
The boneheaded Dist. Atty. refused to capitulate after receiving this information which resulted in a six-week trial. The star witness for the prosecution was a convicted felon gang member who had “rolled it up “and presented testimony which convicted one of his former gang members of murder in Alameda County. So this snitch, not unlike snitch Patrick Hampton, has a target on his back.
So after an eloquent and eyebrow raising defense, the jury came back with a verdict of not guilty, much to the chagrin of the judge and the district attorney. Outside of the courtroom after the verdict, the family of the innocent defendant was thanking the jury members. The district attorney came out, sought out the fore lady of the jury and in an astonished manner asked her “What happened?” As if there should have been a guilty verdict.
The forelady of the jury started to tell her what was wrong with her case and as she was being told what was wrong with her case, the Dist. Atty. said let’s go over here and talk in private. Obviously the Dist. Atty. did not want it put out there why she lost. The main reason she lost, is that the defendant was innocent, not just not guilty.
The above situation is an example of why there are a large number of persons serving time in prison or that have been executed when they were innocent because of the lackadaisical approach criminal investigators in the “public trough” take.
My comments are backed up by many news reports throughout the United States that reflect that innocent people have been exonerated due to the “Innocent Projects” efforts to correct prosecutorial misconduct and the “Give them a fair trial and hang ’em” attitude of many district attorneys throughout the United States. ANY OF THIS SOUND FAMILIAR?
This brings me to a few comments I’m going to make regarding the limited amount of hours I’ve been able to spend in the Frank Carson preliminary hearing. While I’m out trying to prove the innocence of another truly innocent person who has become a victim of sloppy and irresponsible investigations by law enforcement. I know that the Frank Carson 8 have a very adequate and capable team of defense attorneys seeking their exoneration. I also have to reiterate that I am a right wing law and order citizen who respects decent, honest, and unbiased law enforcement. But the guilty the punished and the innocent go free.
I sat in for a little while on April 19, 2016 to watch some of Beverly Woody’s “testilying”. Testilying you ask? Of course. Come on folks, this isn’t rocket science. Here you have the mother of the confessed murderer who admitted in open court that she would lie to help her son, spewing forth allegations, suppositions, theories, hypotheses, presumptive conclusions and assumptions. Now I know we all remember what assuming does, don’t we? Just saying…
Now we know that this was a time-consuming, stressful, sometimes demeaning, tiring, boring and I’d rather be somewhere else attitude that Beverly Woody experienced in her several days on the witness stand. The only people that might’ve felt worse were everybody else in the courtroom.
I don’t intend to go into the plethora of lies, misstatements, falsehoods and “son-serving” profound statements she disgorged. The moment she said that she would lie to protect her son, she should have been removed from the witness stand because at that point if not sooner, she had zero credibility. As a side note, I would just add that after sitting in this preliminary hearing for approximately 7 months and hearing the prosecution star witnesses, it’s easy to see why some people’s family trees are a 2 x 4. Hence the title of this commentary. If you get my drift. Just saying…
So now today we have that rock star of rock stars, kid the glib, the I will snitch on anybody but put me in protective custody please original poster child for birth control. Ladies and gentlemen, I give you Patrick Hampton. There were some small wagers in the gallery as to whether he would act respectably or revert to his old I hate courtroom decorum and I hate you all attitude. It didn’t take very long to know who won the bet.
Because there was some concern about Hampton’s rights, the judge appointed public defender attorney Ben Rosenstein interim counsel. If you remember back in one or several of my prior commentaries, I pointed out that after Mme. Dist. Atty. Ferreira’s assertions as an officer of the court, that no deals have been made with either Ronald Cooper or Michael Cooley, Mr. Rosenstein came forth immediately and in effect says, Oh contraire, Pierress, a deal had been made on behalf of Ronald Cooper. Well, being made a fool and a prevaricator of, Mme. Dist. Atty. immediately attacked Mr. Rosenstein as not being a seasoned attorney but he rebutted her attempt at character assassination very nicely thus leaving egg all over her face. Just saying…
So now Hampton it is coming into the courtroom dressed in his creamsicle orange and white protect me I’m a snitch loungewear. Attorney Jesse Garcia began his cross examination resuming where he left off it seems like decades ago in this case. Mr. Garcia asked Hampton describe what he was wearing. Hampton’s response was are you blind? So whoever bet that Hampton would resume his “I’m a tough guy when I’m in protective custody” attitude, won the bet.
Things just went downhill from there folks. And as Mr. Garcia asked more questions, obviously the same Valley Fever that struck down Beverly Woody’s memory must have also got some of Hamptons. He’s another one of the “I don’t knowers” that we have come to see on the witness stand whether citizen, felony prosecution witnesses or law enforcement. Valley Fever must be in the air.
It was revealed that detective Ridenour and deputy district attorney Brad Nix had motored up to Pelican Bay as Hampton sent them a letter stating he had information on a murder. Then Hampton stated, what’s that got to do with this case? Then Hampton said get to the point. While in Pelican Bay, Hampton got into a yard fight and had a shank which was taken away from. He had a couple other assault charges while in prison.
He was asked by Mr. Garcia why the Del Norte County District Attorney’s Office had not file charges against him for the prison assaults, Hampton’s reply was why don’t you call them and ask them? The motor mouth has returned. Hampton had also asked to be transferred Corcoran prison which he eventually was. Now you don’t think that the lack of prosecution by the Del Norte County Dist. Atty. would have anything to do with his advanced propensity for snitching do you? (Sarcasm intended).
During the questioning a couple of more pearls of wisdom that Hampton threw out there were get your facts straight clean your ears out, you tell me you know everything, you look like a pedophile Percy, referred to Mr. Martinez, Mr. Garcia you look like a pedophile on a skateboard, referring to Mr. Garcia’s wheeled ankle support due to a broken ankle. Mme. Dist. Atty. objected on several questions Mr. Garcia asked but they were allowed since Hampton decided to take the witness stand.
Hampton is continuing his quest to become the largest oxygen wasting puke in Stanislaus County history. The problem is that he has no respect for anyone including the judge and the judge refuses to put a muzzle on this dreg of society’s mouth. To Hampton, the courts have become a stage and Hampton is “Krusty The Clown” and we know how dirty Krusty is.
During the afternoon session while some court business was being conducted, Mr. Garcia spoke to Hampton said did you just flip me off? Hampton said yes I did. This is the guy who talks real bad while he has numerous bailiffs around him to protect him, but put him back in the joint where he belongs and he begs like a little beotch screaming for protection from those he had snitched off. Hampton’s a real man’s man. Mme. Dist. Atty. is overly concerned about Hampton safety. Hampton chose to put himself in this position by trading snitch information for anything he could get out of it to gain something for himself.
Well that’s about all I could take for today and so I left early.