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 UPDATE: AJ PONTILLO MINUET ORDER…….

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As most of you know, AJ Pontillo had been found innocent by a jury of the charges brought against him in a trial in December 2014.

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     INS 1814     NOT AVAILABLE          ACQUITTED

Also noted that Frank Carson was his attorney in that case.

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Even when you’re acquitted, or not held to answer as in Georgia DeFilippo’s case, the District Attorney’s Office does not feel appropriate to return your personal property. It takes a motion to the court, and then a favorable ruling by the judge to return your personal property.

On August 30, 2017 AJ Pontillo, represented by Frank Carson, argued a motion to judge Steffen to have his property returned.

Arguments lasted about ½ hour and apparently there were some interesting arguments made by Frank Carson on behalf of AJ. Apparently, the District Attorney’s Office, which was represented by Mme. DA Marlisa Ferreira, did not want to return his personal property even though he’d been acquitted. Also of note investigators Kirk Bunch and Steve Jacobson were also present in court. I assume they were just there for moral support as there was no witnesses called in this case my knowledge, just motions were filed in arguments made.

Below is the minute order that was prepared by the court clerk and the judge’s ruling. In addition, a transcript is to be obtained and will would be made available on Dawgs Blog as soon as possible, and my understanding is there were some entertaining moments in the hearing.


Also of note, the self-described advocate from Turlock, Linda Taylor, (aka copsucker) was nowhere to be seen.

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.


Justice has prevailed for AJ Pontillo

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 in Turlock, Ca. (a neighboring community). This person is not an employed activist, She is a self-appointed, Unemployed loud mouth, and from personal experience with her online a very irate and angry person who likes to try to draw attention to herself. And make bizarre accusations against people.

One time she accused me of being in a drug coalition out of Denver trying to infiltrate her, saying that she was somebody important. Why did she say that because I had made some anti-Marijuana comments which agreed with her and made her suspicious? That’s not enough? OK she posted on line that I had joined forces with a drug group on Facebook and was even stupid enough to provide me with a link that showed I was not involved with them for all to see. (she is not very bright)

She constantly talks about people who have phony profiles for commenting but yet all the people helping her all have the same IP address which is her home in Turlock.

Enough about me and the “copsucker” though this is about AJ and how the investigation got started.

As a former Law Enforcement officer I used to see attention getters, or groupies as they are called, from all over wanting to draw attention from a man with a gun. They would do this for a variety of reasons, SEX, ATTENTION,THE THRILL, SELF IMPORTANCE, and others reasons. As police officers we had to be aware of these type people and the lack of substance they always came up with. An experienced officer knows how to do that and has to be adept at it. Including the FBI. Does not seem to be the case in this one though.

Below you will see 8 documents of statements made by my “copsucker” AKA Linda Taylor, To the FBI about bail bonds and other people she had no personal contact with. It was all hearsay and I wonder why it was given any credibility whatsoever.

These documents are all part of discovery given to AJ in his court proceedings and are now public documents so they can be posted online.

Read them through and try to figure out why they even considered anything she said with the outlandish claims made, Even though she had never stepped in to a bail bond Business and especially AJ’s bail Bonds.

You decide for yourself, Here they are in its entirety:

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 You see what I mean about these statements?