WARREN YATES COMMENTARY…….

TUMBLING HOUSE OF CARDS 3

By Warren Yates

1-1-2017

TERMINATIONS — RESIGNATIONS — RECALL

Birgit Fladagar during Scott Peterson trial

The Fall of the House of Fladager by Edgar Alan “Yates”: The first five paragraphs of the story are devoted to creating a gothic mood — that is, the ancient decaying castle is eerie and moldy and the surrounding moat seems stagnant. Immediately Poe/Yates entraps us; we have a sense of being confined within the boundaries of the House of Fladager.

The ancient decaying castle in my story is the Stanislaus County District attorney’s Office and it appears moldy and the surrounding moat is definitely stagnant. There is a moat around the Stanislaus County District Attorney’s Office to keep the common people or the warring attacking armies away. Maybe if we commoners left our pitchforks and torches at home.

A common citizen cannot just walk into the district attorney’s office, be checked for weapons and/or contraband and allowed to proceed up the elevator to speak to someone. Oh no!! You must first pick up the phone in the lobby and try to convince somebody upstairs that you’re allowed to come up into the eerie and moldy office of the Grand Pooh-Bah. That’s about as big a moat as you can build around the District Attorney’s Office. So much for being a servant of the people.

As an outsider, I would think that the District attorney would be trying to foster some good feelings from the public she is supposed to be serving rather than having a condescending, don’t get too close to me attitude. Some people have too high an opinion of themselves and can’t see the trees for the forest.

Maybe if the District attorney’s Office instead of wasting between six and seven million dollars of taxpayer’s money on a personal vindictive vendetta prosecution to pander to one’s ego, they could’ve hired one extra person upstairs so that we common citizens could actually go up in the elevator and talk to someone in person rather than having to “beg” our way upstairs. Well that’s enough said about the attitude of the District attorney

Now we will get on to the business at hand. As some of you who are following my commentaries that can be found on DAWGONNIT.COM , backstorynews.com or privateinvestigatoryates.com , will recall the last commentary I did which was in regarding to Judge Zuniga releasing the three remaining defendants in custody, Frank, Daljit and Baljit on their own recognizance. It is unheard of in the annals of California criminal justice to release subjects charged with murder with special circumstances on their own recognizance.

On Thursday, December 22, 2016 Ferreira was supposed to rest her case so that they could prepare for closing arguments. However that morning Ferreira decided to bring forth 82 more exhibits that they had somehow overlooked when they should’ve been brought in more than a year ago

The following is taken from the court transcript:

Mr. Martinez: there is one other thing Your Honor. I know that it would be very difficult for this court to OR any of the individuals, but this court has sat through 15 months and knows the evidence in this case.

Judge Babara Zuniga

The court: “Sir, let me respond to you this way I usually don’t mean to cut you off, but I am going to cut you off.

You folks did not need to suggest to me that I OR the defendants. I had already — I already was going to do that. This is totally inappropriate. I do not go around OR’ing defendants in murder cases with special circumstances, but I have to balance what has happened here with the right to a continuous preliminary hearing.

… So we don’t need to talk about the OR because I already planned on doing that. Sanctions issued is something different. I do intend to sanction the District attorney’s Office.

… It is a 128.7. But I want to sanction the DAs office so that it sticks and it doesn’t get reversed on that particular issue”.

“OH, MY WORD. I’M REALLY GETTING ANGRY, SO I JUST NEED TO TAKE A FEW MINUTES. I’M REALLY GETTING ANGRY”. Just give me a second. (JUDGE LEAVES THE stand)

After a brief time, the judge returned to the courtroom. A recess was then called until 1:30 PM.

At 2:33 PM court was reconvened and Judge Zuniga explained that Stanislaus County does not have a standard OR release form for felonies. Judge Zuniga contacted Contra Costa County and have them send her a form they use in that County. With the help of the clerk, the form was modified to include conditions that the judge is imposing for the OR release of the defendants.

Judge Zuniga reminded Ferreira that she is not releasing the defendants as a sanction against the DAs office. However, the judge reminded Ferreira that she does intend to impose sanctions on the district attorney’s office. “I believe — the section I’m going to be using is 128 of the Code of Civil Procedure. I need to research it some more, and that will happen in the future”.

TERMINATIONS — RESIGNATIONS — RECALL


HOW MANY JUDGES DO YOU KNOW WOULD RELEASE SOMEBODY CHARGED WITH MURDER, WITH NO BAIL? YOU CAN DIVINE THAT THE JUDGE HAS GOTTEN A SENSE, AFTER HEARING EVIDENCE FOR OVER A YEAR, THAT THE CASE ISN’T VERY STRONG.


Ernie Spokes, longtime Modesto defense attorney.

TERMINATIONS — RESIGNATIONS — RECALL

So now we know that at some point, Fladager is going to get knocked in the head by Maxwell’s Silver Hammer. *


*”Maxwell’s Silver Hammer was my analogy for when something goes wrong out of the blue, as it so often does, as I was beginning to find out at that time in my life.” Paul McCartney 1969.

After about a five-month hiatus, the Modesto Bee finally wrote a piece regarding the Carson preliminary hearing. I will be cutting and pasting sections of that article and possibly commenting on. Here are the opening lines of the article: “This case could ultimately define Fladager’s tenure as the county’s district attorney. Her office charged a local attorney and former political opponent with murder, putting him behind bars since August 2015 and embarking on a case that is rumored to have cost the county millions with the meter continuing to run”.

Last night at approximately 7:30 PM, I was given information that the District attorney’s Office had suddenly found 25 more audio tapes and possibly some videotapes of interviews to add to the 82 that was brought into court on December 22, 2016. They produced the evidence late yesterday to avoid coming within the law that takes effect today, January 1, 2017 that makes it a felony for prosecutors to withhold exculpatory evidence.

This is the comment that I put on the bee article last night: “More late discovery turned over today. Judge is going to be P*SSED. You may buy a vowel if you can’t figure it out. So fladager is conveniently going to be in a meeting Tuesday. Is it to meet with a lawyer? How she can miss the day upon which her tenure as DA might begin to crumble is beyond belief. Maybe it is her way to tell Judge Zuniga “don’t tell me how to do my job”. Well maybe somebody should!”

TERMINATIONS — RESIGNATIONS — RECALL

And yes, in response to the Bee article, this vindictive prosecution has cost taxpayers closer to millions of dollars in double digits, rather than millions of dollars in single digits. This is the response given to the Bee by fladager regarding Frank, Daljit and Baljit being released on their own recognizance:


THIS CASE IS NOT OVER. THERE WAS NO DECISION MADE YESTERDAY ON GUILT OR INNOCENCE. CHARGES ARE STILL PENDING ON ALL THE DEFENDANTS REGARDLESS OF THEIR CURRENT CUSTODY STATUS. WE WILL CONTINUE TO PURSUE JUSTICE IN THIS AND EVERY OTHER CASE IN SPITE OF THE OBSTACLES THAT MAY ARISE.

Birgit Fladager, Stanislaus County district attorney.

Pursue justice! What a joke! If your office is ethical, principled, has a moral compass, is unbiased and free of personal vendettas, you don’t have to pursue justice, it is there automatically. But as we have learned in the past, fladager is running as fast as she can to overtake justice and is failing miserably. It is time for her to leave and allow someone with ethics and a moral compass to take over the office to bring respect back into the office of the highest ranking elected law enforcement official in the county.

In spite of the obstacles that may arise! Obstacles? The only obstacle for fladager to overcome, is to figure out how she can connive and/or finagle her way to remain in office amidst the egregious, spiteful, underhanded and vindictive persecution of people she believes are her political enemies. Her other alternative would be to resign, tuck her tail between her legs and run.

In some of my prior commentaries I have used quotes from the Bible as an analogy to some other proceedings of this preliminary hearing. I am going to quote another one now to show you a comparison regarding the situation that the District attorney is in. In the Bible James 4:14 says: Whereas you know not what shall be on the morrow. For what is your life? It is even a vapor that appears for a little time, and then vanishes away. This can also be applied to a career. No one is promised tomorrow and a career can be like life; a vapor here for a while and then vanishes away. Just saying…

Which means Fladager indeed should be there in person when the case resumes Tuesday, if only to support her staff and take the heat as the county’s highest-ranking elected law enforcement official. But she said by text message Friday she will be at a meeting in Sacramento instead.

So even the Bee reporter can see that the District attorney should be appearing in court on Tuesday morning. I think that Judge Zuniga will not be thrilled about the district attorney blowing her off. It almost appears that the district attorney feels that she is on the S.S. Fladager a.k.a. the Titanic, it has struck a massive iceberg and is sinking fast. Will the District attorney of down with her sinking ship like Capt. Edward John Smith went down with the Titanic, or will she reach out to some type of career preserver to save herself? That remains to be seen.

TERMINATIONS — RESIGNATIONS — RECALL

In an email to The Bee, Fladager offered lawyerspeak:
“Challenges and complications are inherent in prosecuting any serious case, and we address each one realizing we face the usual restrictions of short staffing, limited resources and a massive caseload of tens of thousands of other cases. In this prosecution, we have already provided over 10 terabytes of data to the defense. That is a massive amount of discovery in a murder case.”

In her email response it appears the answer to my question in the prior paragraph seems apparent. “Challenges and complications are inherent in prosecuting any serious case…” Truer words were never spoken. If you are not up to meeting the challenges in dealing with the complications as a leader, then you’re in the wrong position. As Judge Zuniga stated in her remarks that the district attorney should be in the courtroom for if nothing more than support for her subordinates in a case of this magnitude.

She states “the usual restrictions of short staffing, limited resources”… Short staffing, limited resources? Really? Really? I wonder if the District attorney is on some medications when she makes remarks like this. She has used a large task force of investigators, support personnel from the Department of Justice, drawn personnel from numerous local law enforcement agencies, unlimited supplies of support personnel from within the District attorney’s Office, Ferreira and Bunch as her “ramrods”, a glorified cell phone salesman as telephone expert at a cost of nearly $400,000 that was proven to be wrong in many, many instances under cross examination by the defense attorneys and has unlimited funds of tax payers money is in this spiraling out of control persecution. Short staffing? Limited resources? I ask again and I wonder if the District attorney is on medication for making these outlandish, bizarre and off-the-wall comments.

“Zuniga promised sanctions against the prosecution, which she could announce as soon as Tuesday, when the preliminary hearing resumes. Sanctions, according to California Penal Code Section 128.7, could range from fines to cover attorneys’ fees for time spent reviewing the late discovery… The code for the sanctions Judge Zuniga mentions are found in the Code of Civil Procedure CCP and not in the Penal Code. But sanctions will be had.

All of which suggests the DA’s case against longtime courtroom nemesis Carson – never smoking-gun damning to begin with – is in trouble. Murder defendants almost never are freed on bail or their own recognizance. Zuniga obviously does not deem them the same kinds of threats to society as does the DA, and their releases certainly must be humiliating to Fladager and her charges. That Ferreira and Bunch exited the court through the rear of the building and avoided the media following the Dec. 22 hearing certainly does little to bolster confidence.

December 22,2016

Of course, the DA’s case is in big trouble. When they take away people’s freedom based on the lies deceit and deal making tweakers, felons, ex-felons, soon to be felons and the need to suborn perjury to get an attorney whose legal acumen is head and shoulders above that of the district attorney. Judge Zuniga obviously does not deem them a threat to society or she would have never released them on their own recognizance.

Humiliating to Fladager? I hope to shout. That egg all over her face is not from an undercooked McDonald’s Egg McMuffin. She will have a hard time getting this egg off of her face. Humiliating? Yes, she sees her case going up in smoke like a fatty that Cheech and Chong are sharing. Humiliating? Enough that she does not plan to be in court on Tuesday morning and has more important business in Sacramento. That’s supposed meeting may have a detrimental effect on her tenure as district attorney.

Ferreira and Bunch scurrying out the back door of the court like rats abandoning sinking ship, certainly does not give fladager a vote of confidence. But how can you have confidence when that wobbly and shaky house of cards you built is tumbling down upon your head. This must’ve been a miserable holiday for many members of the District Attorney’s Office and those of you involved know exactly who you are.

…” Thus the preliminary hearing will resume Tuesday, and when it finally ends some day, Zuniga will determine whether the prosecution made strong enough cases to hold over all or some of the defendants to stand trial”.

Well I know what I am putting my money on!

TERMINATIONS — RESIGNATIONS — RECALL

“Meanwhile, her office has experienced much turnover in recent years, with veteran prosecutors taking jobs elsewhere. Among them, John Goulart went to work for the city of Modesto and Tom Brennan, who once teamed with Ferreira to prosecute gang-related crimes, left for the State Attorney General’s office in Sacramento. John Baker went to Tuolumne County and then to Madera”.

Gosh! Do we see a message or a pattern here? If things were so peachy and rosy at the District Attorney’s Office why would people be jumping ship? I just heard Saturday night that two more deputy DAs have left. Hopefully someone can come on board at the District Attorney’s Office to take over as captain and get the bilge pumps working. And we all know who of those are bilge and need to be pumped out either voluntarily or otherwise. Someone has to be able to bring respect back into the office of the Stanislaus County District Attorney’s Office.

“Again, the judge cares about none of that. She wants only to try the Kauffman case by the book and demands that the DA quit misplacing the pages, no excuses”.

For those of you who don’t know and there are very few of you, misplacing is a polite politically correct way to say concealed. And we all know how good the District Attorney’s Office is at doing that. With the terrible effect this vindictive prosecution has had on innocent lives, there is possibly a new Queen of Mean in Stanislaus County. A smart person would take the easy way out and fall on their sword.

Well my word count is at 2934 and so I guess I better and this commentary. I have so much more to write about the nefarious conduct of the Dist. Atty.’s office in the Carson matter that I will have to begin the next one VERY SOON!

TERMINATIONS — RESIGNATIONS — RECALL

DISMISS THE CARSON 8

PS: BTW, did I forget to mention:

TERMINATIONS — RESIGNATIONS — RECALL

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