JUSTICE LONG OVERDUE IN STANISLAUS COUNTY
By Warren Yates
This will be an article with a series of “S” Storms!
“S” Storm #1 is hitting on January 15, 2018
“Cockroach On Board”
This series of “S” Storms will certainly anger certain people. But prior to being ticked off about what is being said, realize it is what you brought on yourself. This disclaimer goes to all of the people mentioned in these series of “S” Storms. Don’t kill the messenger.
It has been traditional that our law enforcement personnel including the beat cop, the sergeants, investigators, Chiefs of police, Deputy Dist. Atty.’s, chief Deputy Dist. Atty.’s, assistant district attorneys and district attorneys are honest, dedicated, trustworthy, law-abiding, faithfully fulfill their sworn oath and present themselves as examples to follow the law by.
What the He** has happened in Stanislaus County? For the last several years, Stanislaus County has taken on the appearance of some small Alabama (No offense Alabama, I spent some time in Mobile) backwoods “good ole boy” shameful hick bunch of badge bandits.
This first “S” Storm is about a very prominent and high-ranking member of the Stanislaus County District Attorney’s Office. This person is Dave Harris. We’re not sure what his title is but it may be something like Chief Deputy Dist. Atty. or possibly assistant district attorney but we’re not sure. Now old Dave may be a great guy personally and not a bad guy to go out and have a beer and a few laughs with.
But this Storm is about the professional image he projects. Now recall that law enforcement personnel are people who are to set a good example for the general public. Because some prominent law enforcement people are not sure what the meaning of a subpoena is I am going to print the definition as follows:
“A subpoena (pronounced “suh-pee-nuh”) is a request for the production of documents, or a request to appear in court or other legal proceeding. It is court-ordered command that essentially requires you to do something, such as testify or present information that may help support the facts that are at issue in a pending case. The term “subpoena” literally means “under penalty”. A person who receives a subpoena but does not comply with its terms may be subject to civil or criminal penalties, such as fines, jail time, or both.
There are two types of subpoenas. The first, called subpoena ad testificandum (pronounced “ad test- te-fi-kan-dum”), requires you to testify before a court, or other legal authority. The second, called subpoena duces tecum (pronounced “doo-seez tee-kum”), requires you to produce documents, materials, or other tangible evidence. A subpoena may be requested in any kind of matter, …”
That is the legal definition of subpoenas including subpoena duces tecum. Now the Stanislaus County District Attorney’s Office in the myriad of cases that they pursue, serve many thousands of subpoenas each year to people which compel their appearance into a court of law after being served. If they do not appear and ignore the subpoena they are met with severe penalties up to and including going to jail for contempt of court.
Why am I talking about the responsibilities of law enforcement personnel to be good examples for the citizens they are paid to protect? Why give you the definition of a subpoena you ask? Well buckle up cuz here we go.
Although it does not always ring true in Stanislaus County, I believe that a person is innocent until proven guilty. That being the case, I will tell you about a federal court case in Fresno California, Eugene Forte v. Stanislaus County Deputy Luke Schwartz, 1:13-01980-LJO. It alleges police brutality against a senior citizen, Forte by a Stanislaus County Deputy Sheriff, Schwartz. I will tell you that I have seen the video of the assault by the deputy. It is uncontroverted that while Forte was on the ground facedown and not resisting, the deputy sheriff Schwartz drove his elbow into the back of Forte’s head.
To see that all the facts are brought to the court, Forte needs certain documents that are in the possession of the Stanislaus County District Attorney’s Office. Dave Harris chose not to file any charges against Forte for the alleged felony of threatening to shoot a police officer (Which Forte did not do as the video shows). It’s like the District Attorney’s Office is saying it never really happened so King’s “X”, “fa gedda bout it”. That ain’t going to happen fladager.
So, in order to make sure all of the evidence is presented to the court, Forte takes all the legal steps required and obtained a subpoena duces tecum for Dave Harris and the custodian of records for the Stanislaus County District Attorney’s Office. Forte attached the required checks to the subpoenas and a process server went to the district attorney’s palatial tower with them.
The process server called from the lobby phone and explained to the clerk that she needed to see the person who accepts service for the District Attorney’s Office Custodian of records and Chief Investigator or whatever his current title is, Dave Harris. The process server was told they had to double check the rules and a few minutes after being on hold, was told that provided the check for the witness fees were attached that the Legal Clerk, Jeanette, would accept service for the District Attorney’s Office.
The server was then granted access to the third floor (They have never let me get to the third floor of the palace. ;0(
) where she went to the bullet proof glass reception window, asked for Jeanette, the legal clerk (who was waiting at the window), and gave her the subpoenas which Jeanette accepted.
Prior to Fortes getting home approximately 25 minutes later, a message had been left on Fortes answering machine from someone who identified himself as: Douglas K. Raynaud, Chief Deputy District Attorney. (Dang. Here’s another one of them Chief Deputy Dist. Atty.’s) By the way, Raynaud is also going to face a “S” Storm in this series which may impact the district attorney’s election race. More on that later.
The message Raynaud left on Forte’s landline answering machine (that I listened to) said that even though the process server was granted access to the third floor and gave the subpoenas (with checks) to the legal clerk Jeanette, who the process server was told accepts service of process for the District Attorney’s Office, Legal Clerk Jeanette, wasn’t really the right person and had no authority to take the subpoenas…because, Jeanette did ask for permission to do so from some other unnamed person or supervisor in the office.
Raynaud stated that Dave Harris was not in the office and Raynaud didn’t know if Harris would be “amendable” to accept the subpoena. Now, there is a really dumb B.S. statement….by law Harris does not to have to be “amenable”
I have served many subpoenas in my law enforcement career and also as a private investigator. Public agencies such as law enforcement and all other law enforcement agencies such as the sheriff’s department and the district attorney’s office always have a designated person (Legal Clerk) to accept service of process for members of that agency.
Why would this be an issue? Dave Harris is a public servant being paid big bucks. What makes him better than any of us lowly citizens when served a subpoena? Why would he be exempt from appearing in court and bringing the required documents? What and why is he trying to hide? Is he trying to subvert justice? What document/s is he trying to conceal? Doesn’t sound like a very transparent District Attorney’s Office now does it? Maybe they will come out with a memo to all of us lowly commoners to explain why they don’t have to adhere to the law the same way we have to. But don’t hold your breath!!
YOU CAN NOT UN RING THE BELL DAVE!!!
John 3:20 : All who do evil hate the light and refuse to go near it for fear their sins will be exposed. “New Living Translation”
Many more “S” Storms to come as the persecution of the Carson 8 commences.
TO BE CONTINUED…