MORE ON THE AJ PONTILLO LEGAL SAGA…….

MINUTE ORDER FROM THE LAST COURT DATE

IN FRONT OF JUDGE STEFFEN

By Marty Carlson

10-10-2017

aj

Stanislaus county DA’s has been ordered to return AJ Pontillo’s property that was seized in search warrants. See Judge Steffens previous order HERE. Some has been returned but most have not like what is noted in the minute order below.

Keep in mind AJ was acquitted of all charges by a jury in December 2014.

As noted by Marlisa Ferreira in the Frank Carson proceedings, BTW Frank Carson is representing AJ in the proceedings now going on, has stated on record that the District Attorney’s office has a policy of not returning property taken after cases have been adjudicated. She stated it requires a court order even if acquitted. (In reference to Georgia Defillipo property).

Here is Judge Steffens latest order:

FRANK CARSON BACK HISTORY

Just a little back history and the Illusions that the District Attorney’s office lives in. 

Keep in mind AJ was acquitted, READ AQUITTAL HERE of all charges, but paid a large price in the loss of a wife and a child, SEE WIFES DEATH HERE, both at once during this ordeal.

Justice in America: Frank Carson similarities

Not an exact case in Carson and AJ Pontillo’s case too, but very similar in misconduct of prosecutors in California makes me wonder how many other people have been affected in this way too.

A long video but extremely interesting to the feelings of no perjury charges filed against parties involved. (Mostly DA’s misrepresentations to the court)


The hearing seemed largely routine until a state prosecutor approached the lectern.

Deputy Atty. Gen. Kevin R. Vienna was there to urge three judges on the U.S. 9th Circuit Court of Appeals to uphold murder convictions against Johnny Baca for two 1995 killings in Riverside County. Other courts had already determined that prosecutors had presented false evidence in Baca’s trial but upheld the verdicts anyway.

Vienna had barely started his argument when the pummeling began.

Judge Alex Kozinski asked Vienna if his boss, Atty. Gen. Kamala D. Harris, wanted to defend a conviction “obtained by lying prosecutors.” If Harris did not back off the case, Kozinski warned, the court would “name names” in a ruling that would not be “very pretty.”

Judge Kim Wardlaw wanted to know why Riverside County prosecutors presented a murder-for-hire case against the killer but did not charge the man they said had arranged the killings.

“It looks terrible,” said Judge William Fletcher.

The January hearing in Pasadena, posted online under new 9th Circuit policies, provided a rare and critical examination of a murder case in which prosecutors presented false evidence but were never investigated or disciplined.

The low-profile case probably would have gone unnoticed if not for the video, which attorneys emailed to other attorneys and debated on blogs.

The 9th Circuit keeps seeing this misconduct over and over again. This is one way they can really call attention to it. – Gerald Uelmen, of the Santa Clara University School of Law

In a series of searing questions, the three judges expressed frustration and anger that California state judges were not cracking down on prosecutorial misconduct. By law, federal judges are supposed to defer to the decisions of state court judges.

Prosecutors “got caught this time but they are going to keep doing it because they have state judges who are willing to look the other way,” Kozinski said.

Santa Clara University law professor Gerald Uelmen said the judges’ questions and tone showed they had lost patience with California courts. State judges are supposed to refer errant lawyers, including prosecutors, to the state bar for discipline, but they rarely do, Uelmen said.

“It is a cumulative type thing,” Uelmen said. “The 9th Circuit keeps seeing this misconduct over and over again. This is one way they can really call attention to it.”

A 2010 report by the Northern California Innocence Project cited 707 cases in which state courts found prosecutorial misconduct over 11 years. Only six of the prosecutors were disciplined, and the courts upheld 80% of the convictions in spite of the improprieties, the study found.

The case that sparked the court’s recent outrage involved the killing of John Adair and his live-in partner, John Mix, two decades ago. Baca, a friend of Adair’s adopted son, was working as a houseboy for the couple.

A jailhouse informant testified that Baca had confided the son planned the killing. The two were going to split Adair’s inheritance, the informant said. Other witnesses testified that Adair was planning to disinherit his son, who was never charged in the case.

Baca was tried twice and found guilty both times. A state appeals court overturned the first verdict. The second withstood an appeal, even though the state court found the informant and a Riverside County prosecutor had given false testimony.

The informant falsely testified he had asked for and received no favors. The prosecutor falsely corroborated that on the stand, according to court records. Baca was sentenced to 70 years to life.

Patrick J. Hennessey Jr., who has represented Baca on appeal for nearly two decades, said he had never seen such an “egregious” case of prosecutorial misconduct.

“That is what bothered me,” Hennessey said. “There was never a fair discussion of how serious the issue was.”

A U.S. magistrate who next examined the case said Baca might not have been convicted of first-degree murder but for the false testimony. He said the federal court nevertheless was supposed to defer to the state courts.

“Sadly, this informant’s lies were bolstered by a Deputy District Attorney, who also lied,” wrote Magistrate Judge Patrick J. Walsh. “What is obvious … is that the Riverside County District Attorney’s Office turned a blind eye to fundamental principles of justice to obtain a conviction.”

Armed with the magistrate’s report, the three judges on the 9th Circuit panel appeared incredulous about the facts of the case.

Wardlaw, a Clinton appointee, complained that California’s courts were “condoning” prosecutorial misconduct by upholding verdicts, a rare public criticism of her fellow judges. She suggested that state judges, who must be approved by voters, fear inciting the public’s wrath. Federal judges are appointed for life.

“I understand why they do that,” Wardlaw said. “They are elected judges. They are not going to be reversing these things.”

Fletcher, another Clinton appointee, observed that the state’s attorney general had fought “tooth and nail” more than a decade ago to prevent a court from seeing a transcript that revealed the false evidence.

“It would look terrible in an opinion when we write it up and name names,” Kozinski, a Reagan appointee, told the government lawyer. “Would your name be on?”

Vienna said he was not involved in the case at the time, but named others in the office.

Kozinski demanded to know why the informant and the testifying prosecutor were not charged with perjury. He suggested the state bar should pull the law license of the prosecutor who presented the evidence.

Retired Deputy Dist. Atty. Paul Vinegrad, who prosecuted Baca in both trials, said in an interview that he did not suspect deceit. He said he has since learned that his colleague who falsely testified — former Deputy Dist. Atty. Robert Spira — had memory problems and may have been confused. Spira, who no longer practices law, could not be reached for comment.

Vinegrad also said he believed in the murder-for-hire case he presented, but that there was not enough evidence to charge the son. The informant’s testimony against the son would not have been admissible under legal rules at the time, Vinegrad said.

Kozinski, who in the past has spoken out about an “epidemic” of prosecutorial misconduct, asked Vienna whether Harris was aware of the case. Vienna indicated she probably was not. Kozinski told him to get her attention within 48 hours. Harris would need to take action if her office wanted to avoid an embarrassing ruling, Kozinski said.

“Make sure she understands the gravity of the situation,” Kozinski said, adding that the case “speaks very poorly for the attorney general’s office.”

Harris, a candidate for U.S. Senate, changed course. Her office decided last week not to oppose Baca’s challenge.

Mike Hestrin, Riverside County’s newly elected district attorney, did not concede that the prosecutors’ “misconduct” was intentional, but said his office would investigate the prosecutors’ actions and retry Baca.

There really is some issues here that need to be addressed.


COPSUCKER (LINDA TAYLOR) UPDATE PART DEUX…….

This person has tried in a very mean spirited way to discredit me and tell outright lies about me, saying things like I am part of a drug coalition out of Denver, Co. and have an interest in legalizing marijuana. There is nothing farther from the truth and in fact I am a very outspoken opponent of legalizing this drug.

She and one of her alter egos Lewis Davis were on an extreme verbal barrage around December of last year and were taking turns blocking and unblocking me to make ignorant attacks. Yes Linda and Lewis have the same address. Funny thing huh?

Recently I did an update on the person I have named the copsucker and her self-interview CLICK HERE.

Also notice the post I put up on May 19, 2015 where she is identified in a FBI report as the informant on all kinds of strange accusations made some bail bond companies and other strange goofball accusations click here.

In the first report dated 6-11-2007, 2 pages worth, she was in contact with a “friend” at the DA’s office in regards to bail bond companies who are bailing out illegal immigrants and was advised by the DA’s office to check out AJ Bail bonds for these issues. The report goes on to say she discovered that AJ’s Bail Bonds is closely connected to the DA’s office with relatives of employees. And also said there were some “whistleblowers” that were former employees.

She also said there were drug parties and one statement said that there were sexual favors and there was a room upstairs that was used as a “drug party room” and a safe that contained illegal weapons.

NOTE: No names or corroborating information was provided by her in the report.

Now remember this person claimed to not be involved in the case but it is obvious she had done an active investigation in talking to people and was receiving assistance from the DA’s office in this investigation.

Looking at page 3 of the FBI reports, it is a second interview dated 1-29-2008, it states she has spent about 3 ½ months on this and had some information about several bail bond companies, But again at the bottom of the page she again starts to go into more detail concerning AJ bail Bonds. I do not mean to gloss over the information she reported about the other Bail bonds companies but none were ever charged, to my knowledge, in regards to her statements.

According to the report she stated that she was advised by other bail agents that AJ was kidnapping and handcuffing delinquent clients to the gym equipment and forcing family members to provide cash to secure their release. If the family did not come through he would “throw the clients in jail.”

I am not an expert in the bail industry but I think that is the norm for all is to get people to pay as per their agreements they signed or they could be booked in jail if they do not.

She then named several former employees who had made some other claim of illegal activities,

David Nelson claimed they made home invasions and either sex or drugs were given as compensation for not going to jail

Miles, no last name, said there was a party room upstairs and he had illegal guns and explosives in a safe and that Modesto police would constantly party there and there was a long string of connections to the courthouse and police dept through relatives.

Sylvia Perez, another former employee stated there was information he accepted drugs as payment and would not pay employees properly and lied to the IRS.

There is an ongoing list of people who she talked to, or somehow got information from and you can read them for yourself at the above link.

On 5-7-2008 she was again interviewed by the FBI, according to the report page 6 on the above link, and had in her possession a search warrant affidavit for a drug lab that was discovered at a storage unit at a house in Riverbank.

Where would a lay person get an affidavit for a search warrant? Well the rest of the report may explain that.

Some more outrageous claims were make about leaks in law enforcement but refused to provide information on the source of the information.

The report goes on to say, on page 7, that she was working with a DA investigator by the name of Jacobson, which later became to be known as Steve Jacobson. She also said she had contact with several other FBI agents, in addition the report writer stated he felt she other Law Enforcement contacts but was not willing to reveal who they were.

The report goes on to say she wanted to “be active” in searching witness’s or victims and she was advised not to.

As a reminder these reports that she filed started an investigation which ended in charges being filed against AJ Pontillo and started a long ordeal in which almost destroyed him financially but the strain of the situation aggravated a severe condition his wife had and she had passed away one month before AJ’s prelim.

It must be also noted Steve Jacobson, the DA investigator, and Deputy DA Harris, were charged with jury tampering in the AJ trial when they were in deliberations.

My questions about this case:

Why was she given so much credibility with all the outrageous claims made?

Who was aiding her investigation in law enforcement? She admitted she was getting information from the DA’s office.

How much information was she fed and by who?

Where did she get the search warrant that she showed the agents?

Was she using tactics and means that Law Enforcement could not use to supply them with information?

Why wouldn’t she reveal her sources if there was nothing to hide?

Despite all the wild claims that were made by her, re: guns, drugs, illegal weapons, etc no charges of that type were ever filed. So obviously there was no evidence to substantiate those claims.

Just for information AJ’s attorney in the case was Frank Carson who ran a nasty campaign for DA in 2014 but lost.

Frank Carson has been arrested and currently in a preliminary hearing on a homicide trial.

I personally believe at this point there is a very overly aggressive DA’s office here in Stanislaus county, and personal vendettas tend to rate high in priority.

More to come……..

Justice in America: The AJ Pontillo story

Acquitted bail bondsman files claims seeking damages from Stanislaus County, Modesto, Ceres

Below you will find a link to the newspaper article about AJ Ponitillo’s civil suit against the county and many local agencies here. Also there are some PDF files you can view in regards to who is named in this suit. In addition you may notice the interesting name in the mix is The COPSUCKER, aka Linda Taylor.

AJ Pontillo

Refer to part 3 of my series to get more info: 

https://dawgonnit.wordpress.com/2015/01/21/what-is-justice-these-days-the-aj-pontillo-story-3/

Also the discovery received by AJ identifying some of the players like the copsucker in the feds paperwork: https://dawgonnit.wordpress.com/2015/05/19/justice-has-prevailed-for-aj-pontillo/

If you read through the documents in this posting and the previous discovery posted you will find an interesting timeline, Initial Snitch report, by the copsucker in 2007, a raid in 2008, another raid in 2010, and AJ was arrested in 2011 after filing numerous complaints against law enforcement, both local and federal.

Being former law enforcement I am aware if it takes 4 years to arrest a suspect in a non-homicide case then you are trying very hard to make a case that may not exist. For some reason they were hell bent on making a case and arresting AJ.

One of the raids they were allegedly only looking for a file and not any suspects but took all people in the building down at gunpoint with assault rifles and handcuffed everyone and displayed them in front of a large glass window in the front of the building. They damaged doors and took video equipment because they were looking for a “file” Or were they just fishing? (Which is supposed to be illegal) on a search warrant. It is required by law to be specific.

Steve Jacobson

Just as a reminder the lead investigator Steve Jacobson has been charge with jury tampering when this case when to trial. Somebody tell me there was not a personal issue when a police officer does that.

More to follow as information becomes available.

Read the article click here:: http://www.modbee.com/news/local/crime/article25613509.html#storylink=cpy

Here Is a sampling of some of the documents:



There are 13 pages total anyone wishing to see them all please ask and I will send them to you.

 

 

 

 

 

Justice in America The AJ Pontillo story…….

A bail bondsman who was acquitted of fraud and kidnapping for extortion has filed a claim with Stanislaus County and the cities of Modesto and Ceres seeking tens of thousands of dollars in damages. He claimed law enforcement agencies violated his civil rights.

The three claims were filed on behalf of Aleo John Pontillo earlier this month. Officials said the claims were still being reviewed. If rejected, the claims are a likely precursor to a civil lawsuit.

Pontillo alleged that the Stanislaus County District Attorney’s Office and Sheriff’s Department conducted defamation efforts against him for several years through the conclusion of his trial. The bail bondsman claimed these agencies and other law enforcement officials associated with the investigation falsely arrested Pontillo and maliciously prosecuted him.

Stanislaus County Sheriff Adam Christianson and District Attorney Birgit Fladager declined to comment about Pontillo’s civil claims.

Pontillo said he was a victim of retaliatory prosecution after he submitted public complaints about the investigation before he was arrested.

The claims, filed by Pontillo’s Vallejo-based attorney Tim Pori, each indicate he is seeking at least $25,000 in damages. But the final amount will be determined through further investigation.

Pontillo, owner of AJ’s Bail Bonds in Modesto, was arrested in September 2011. He was accused of holding clients against their will at the business on Yosemite Boulevard to get payments from them. He also was accused of conspiring with employees in bail-forfeiture fraud.

Nearly half of the criminal allegations against Pontillo were dropped by the court after some evidence surfaced during his trial. In December, a jury acquitted Pontillo of the remaining charges.

Pontillo presumably filed claims against Modesto and Ceres because the investigation into Pontillo involved law enforcement officials or other resources from those cities. At one point, federal officials took the lead in the investigation, using a federally funded task force of local gang investigators to serve search warrants at Pontillo’s business and home.

The filed claims indicate local law enforcement officials conducted a multimillion-dollar investigation based on conspiracies generated by a police informant and an investigator with the District Attorney’s Office seeking to defame Pontillo. The investigation began in early 2007.

On Dec. 23, 2008, law enforcement officials served a search warrant at the AJ’s Bail Bonds office. Investigators served a second search warrant at the business on Feb. 3, 2010. The claims indicate Pontillo and three employees were handcuffed and put on display in the front office.

A month later, Pontillo filed complaints about the investigation with the state’s attorney general’s office and the Stanislaus County civil grand jury. Both complaints were denied and no further investigation was conducted.

Pontillo that year also filed a complaint against Fladager with the State Bar of California for the second search warrant served at his business. About two months later, the State Bar closed Pontillo’s complaint without taking action against Fladager, according to the filed claims.

After his 2011 arrest, Pontillo said his bail was set at $2 million based on false declaration drafted by the prosecutor, and he was placed in a cell for inmates with tuberculosis and other problems. He said he tried to ask jail officials why he was housed in such a cell and if he could be moved to another cell, but he received no response.

Pontillo was later released on $1.3 million bail and remained out of custody throughout his trial. He said he was charged with $130,000 bail premium.

If you refer back to my series of stories on AJ, Pay special attention to who was identified as the informer known by me as the COPSUCKER. Documentation to follow as the the legal papers filed against her and why.

Justice has prevailed for AJ Pontillo

Just a reminder about LINDA TAYLOR known as the “copsucker” In previous posts.

Dawgonnit-Dawg's Blog

Last January I did a short series of stories about AJ Pontillo and his plight in the Stanislaus County justice system, Somehow I was remiss in the final outcome of that saga.

Here are the results of that trial:

PONTILLO, ALEO JOHN DEFENDANT CARSON FRANK C ESQ.
Count Degree Code Description Outcome
1 Felony PC 182/209(A) NOT AVAILABLE ACQUITTED
2 Felony PC 209(A) KIDNAPPING FOR RANSOM ACQUITTED
3 Felony PC 209(A) KIDNAPPING FOR RANSOM ACQUITTED
4 Felony PC 209(A) KIDNAPPING FOR RANSOM ACQUITTED
5 Felony PC 182/487(A) NO DESCR ACQUITTED
6 Felony CIC 1814 NOT AVAILABLE ACQUITTED

Here are the previous articles posted on this saga Pay particular attention to part 3:

https://dawgonnit.wordpress.com/2015/01/19/what-is-justice-these-days-the-aj-pontillo-story/

https://dawgonnit.wordpress.com/2015/01/20/what-is-justice-these-days-the-aj-pontillo-story-2/

https://dawgonnit.wordpress.com/2015/01/21/what-is-justice-these-days-the-aj-pontillo-story-3/

https://dawgonnit.wordpress.com/2015/01/27/what-is-justice-these-days-the-aj-pontillo-story-4/

People may wonder how something like this gets started and spiral so out of control. Part 3 describes someone who I described as the “copsucker”.

It is someone who is a self-appointed activist who lives…

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