Five before Midnight

This site is dedicated to the continuous oversight of the Riverside(CA)Police Department, which was formerly overseen by the state attorney general. This blog will hopefully play that role being free of City Hall's micromanagement.
"The horror of that moment," the King went on, "I shall never, never forget." "You will though," the Queen said, "if you don't make a memorandum of it." --Lewis Carroll

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Thursday, April 24, 2008

If public comment were always this trendy and other writings

There's been some interesting reading in the past day or so, what with Ward Four Councilman Frank Schiavone's mailer and an interesting if belated commentary from former Ward Three Councilman Art Gage in the Press Enterprise alongside that of Former Councilman Dom Betro.

Are these two men perhaps campaigning for higher office?


I guess Schiavone has broken up with his auto dialer company in Massachusetts and is beginning to leave more of a paper trail as he campaigns against incumbent County Supervisor Bob Buster in the District One contest. Even though this mailer will be stapled to all the others from the county's version of Election 2008 for future reading as this story unfolds, I did glance through it. The first thing I noticed was the photograph, of Schiavone with Republican presidential candidate John McCain. I guess that means that he's the Republican Party candidate, against Buster who's a registered Democrat, an interesting development in a political race that's purportedly nonpartisian.


After all, there's no pictures of him with Democratic candidates, Hillary Clinton or Barack Obama. Though it's fascinating to even witness that federal political officials like Congressman Ken Calvert and election candidates are thinking of local politicians let alone saying nice things about them, it would be interesting to have read more quotes from those at the more local level. After all, he's also been endorsed by the majority of those sitting on the Riverside City Council dais including the following.


Mayor Ron Loveridge

Councilman Mike Gardner

Councilman Rusty Bailey

Councilman Steve Adams


Not to mention "retired" Councilman Ed Adkison and though it's not on this brochure, but on his fundraising invite, another "retired" councilman, Dom Betro.


As for the Board of Supervisors, Marion Ashley is endorsing him along with elected officials in cities outside District One.

Schiavone's also endorsed by "police and fire fighters" as his big sign on Alessandro Blvd states. Two labor unions from the city of Riverside and the Riverside Sheriffs' Association in Riverside County.


Further discussion of Schiavone's political achievements listed on the brochure will be coming in future postings. I was particularly interested in his sudden political stance on "illegal immigration" given some comments he had made to me on why he voted against Proposition 187 several years ago. Comments that had really impressed me with the level of introspection put into them and how they bucked the tide of Republican thought. But his comments on his brochure have made it clear on paper what he's really thinking or at least trying to sell to voters now.


Gage's letter commenting on a recent Press Enterprise editorial on open government is here. It sits under a letter by another former councilman, Dom Betro who wrote a very different view on the same topic. Here they are:


(excerpt, Readers' Forum)



Public bypassed?

The Press-Enterprise editorial on downtown renovation goes overboard in promoting a return to an era of second-guessing and lack of confidence in the future that for decades has held Riverside back from attaining greatness ("Stifling input?" Our Views, April 21).

Although it is perplexing why elected political leadership allowed staff to move forward on the Fox Plaza at this time, the editorial conveniently disregards the many public meetings of the City Council, development committee, Cultural Heritage Board and Planning Commission to discuss the project and to receive public input.

Does Riverside gather enough public input on projects such as the renovation of the Fox Theatre? Or do city officials avoid consulting with residents in order to speed plans along?

The editorial also misrepresents the Renaissance plan process, which requires any item of more than $50,000 to come before the council for public vetting. As for Tequesquite, the controversial inclusion of this park in the Renaissance allowed an opportunity for a very public discussion of a city asset that had long been ignored. That significant input led to a resolution that the public overwhelmingly supported.


The big-picture, visionary public benefits to be derived from such projects should not be lost to the many self-interests that have divided Riverside for too long.

DOM BETRO

Former member,
Riverside City Council
Riverside






The Press-Enterprise editorial regarding the city of Riverside ignoring citizens' opinions was right on target ("Stifling input? Our Views, April 21).

As a councilman for the previous four years, I was a target of other members of the council and people in city administration over this very issue. There was a conscious effort to limit public input on issues large and small by rushing things through without adequate hearings, limiting public comment during open sessions, not allowing consent-calendar items to be pulled by the public and expanding the consent calendar to include significant items rather the usual routine business that doesn't require comment.

The attitude was one of "we know more than our constituents, so let's just do what we want." It has not gone unnoticed that council meetings are ending much earlier now, and people who previously were in attendance to keep the council accountable have just about stopped attending after being bullied by some members of the council during meetings.

These abuses should not be allowed. We cannot allow public business to be conducted in the back room or local pub. Let's open up the process to allow the public to have the input it deserves and that our laws mandate.

ART GAGE
Former member,
Riverside City Council
Riverside






First of all, I don't buy either these gentlemen as champions of public participation while they were serving as city council officials. After all, before you award Gage with that distinction, be mindful of this. When he ran for office, he claimed he didn't oppose the Community Police Review Commission even though he took over $10,000 from the Riverside Police Officers' Association. Yet, barely three months after he was elected, Gage tried to push a motion through twice to defund the CPRC by up to 90% of its annual budget not at a regular city council meeting but at a budget reconciliation hearing.

His record improved considerably however when it came to voting against measures to restrict public comment especially his lone dissent vote cast on July 12, 2005 against a motion made by Betro (with supportive comments from members of the Downtown Area Neighborhood Alliance) and seconded by Councilman Steve Adams.

The issues raised by Gage in paragraph one, were all issues raised in public comment by individuals like Marjorie Von Pohle, Mary Humboldt, Yolanda Garland, Terry Frizzel, members of the Group and countless other individuals. And how were they treated? Jennifer Vaughn-Blakely was subjected to the implication that she was a "liar", others were called liars and subjected to other negative comments. Some like Von Pohle who was 89-years-old at the time were barred from a meeting and escorted out by police officers. I don't remember Gage being too vocal when this was going on except on several occasions though he was never an active participant in this behavior. In fact, the only members who engaged in it were members of the mercifully shortly lived BASS quartet.


Yes, meetings are much shorter and yes, it's true many people no longer attend them. Why bother? The decisions aren't made at the meetings. They don't even appear to be made during subcommittees anymore because these committees as stated previously on this blog barely meet anymore. There's better things to do on a Tuesday night than sit and watch what amounts to reality television, where important civic business has become entertainment. Mostly in terms of trying to figure out which elected official, Schiavone or Adams, is going to try to gesture to the mayor to cut a speaker off during public comment, say a speaker has no class, integrity or ethics or gesture for a police officer to at least move closer to the podium if not try to remove somebody. The irony is that most of these police officers seem to be stronger supporters of public comments at meeting than elected officials.

The sly comments about "pubs" meaning Sire's Restaurant did begin late in the election cycle by Gage. Why not earlier?


Betro never was a strong supporter of public comment unless it was carefully controlled, conducted in private meetings or outside of public meetings and it's hilarious about how he writes that Riverside Renaissance has offered plenty of opportunity for public input because every item that is budgeted at over $50,000 has to come to the public city council meetings. But what he doesn't state for obvious reasons is that the majority of these items including high-ticket items wind up on the consent calendar. The same calendar that he himself pushed to ban city residents from pulling items off on July 12, 20005. Talk about self-interest? He's the candidate who had developers like Mark Rubin donating money into his coffer, developers who enjoyed the luxury of having the city's Redevelopment Agency act as the middleman in obtaining land for their development projects. Land owned by local businesses including some who had been there for years, including those years before downtown became trendy.

Don't believe me? Go to the city's Web site and look up the minutes record for the city council meeting on July 12, 2005 and read for yourself. It's from the evening session.

And what can you say about the rewrite of history regarding Tequesquite Park? That's why it's important to record history while it's happening.

But it's hard to see either of these gentlemen as advocates for public expression. Gage's record is slightly better than Betro's but the record of the city council in general has been quite poor.

And while pointing out that there are other meetings where public participation can be done, the naming of these meetings to argue against greater public comment including at city council meetings is just disingeneous. It's not just about addressing several council members on a committee (which by law, can't exceed the quorum level of the elected body) and commissioners, but the full council when decisions are being made. There needs to be more opportunities to be able to address those who actually cast the final votes in the decision making process, not less.

I guess we'll find out next year if either or both of these retired councilmen will be reentering the public arena, but it does sound like they're at least thinking about it.






A former councilman in Colton was sentenced to six months in jail in connection with the fraudulent use of city credit cards. His explanation for why this has happened has changed a few times.


(excerpt, Press Enterprise)




In the San Bernardino County Probation Department report, Hernandez claimed that his brother's death in 2005 led to him heavy drinking and a four-month affair with an unnamed man who caused him to use drugs. The report never identified the man.

"During this time, he was forced to use methamphetamine and became addicted," a probation officer wrote after interviewing Hernandez last month. "The man produced a compromising videotape and began to blackmail (Hernandez) with the tape."

Hernandez said he ran out of money and began to support his lover by paying his living expenses and hotel room bills. Hernandez charged hotel bills on his city-issued credit card.

The sentencing report, which summarizes the case and recommends punishment, challenged Hernandez's claim.

"His statement made in regards to blackmail cannot be believed and, even so, is no excuse for his behavior," the report said.

It also said, "It is likely that, if he was not caught, he would still, to this day, be stealing from the citizens of the community he was elected to serve."





Due to the silence being shown at Hemet City Hall surrounding the departure of a city manager, residents of that city are calling for an investigation.



(excerpt, Press Enterprise)



At least one resident has told the City Council that he will contact the California attorney general's office regarding a possible investigation. Without public explanation, the city has spent more than $330,000 on salary payouts and the cost of replacing Davidson.

"This was hush money," said Aladdin Masry, 61, of Hemet. He addressed the City Council this week demanding an explanation and warning council members that he would ask the state attorney general to investigate.

"It's a free country, and he can contact whoever he wants," Mayor Marc Searl said. "I think this thing has been beat to death."

Searl said he cannot discuss Davidson's departure because of a confidentiality clause contained in the separation agreement with Davidson.

Davidson, who served as city manager for 16 months, left March 11 after the City Council authorized paying him $233,080 as settlement for his departure. In January, he received a 10 percent pay increase for good performance, boosting his yearly salary to $253,000.

There was no letter of resignation or any council vote to dismiss Davidson.







How the Orange County Sheriff's Department handled its investigation into the suicide of the son of one of its lieutenants is itself being investigated by the District Attorney's office.



(excerpt, Los Angeles Times)


The boy's death in January has drawn scrutiny from county prosecutors in part because homicide detectives were not initially sent to the scene, nobody kept track of who came and went from the home, and the body was removed before the detectives arrived, according to law enforcement sources and others familiar with the circumstances.

The gun, which was registered to the boy's mother, was among evidence collected by sheriff's officials and retrieved this week by county prosecutors.

The 16-year-old died Jan. 7 from a gunshot to the head, the sheriff's coroner confirmed this week.





In Florida, a judge tossed out a whole bunch of criminal cases, according to the Tampa Tribune. Why? Because these cases relied on the word of an informant with a multitude of felony convictions including those for violent crimes who was paid thousands of dollars by the police department and the FBI which used him for informative purposes.



(excerpt)


Calling into question law enforcement tactics and Luis "Danny" Agosto's credibility, Hillsborough County Circuit Judge Daniel Sleet threw out racketeering and conspiracy charges against 23 defendants in the investigation of a suspected Tampa faction of the Latin Kings street gang.

Although defense attorneys argued prosecutorial misconduct, Sleet said he saw no evidence that the state attorney's office advocated, directed or concealed any wrongdoing.

Instead, Sleet used his 42-page written order to turn his ire toward law enforcement and the crimes of the 30-year-old informant.

"Rather than terminating their relationship with him, law enforcement excused these crimes and continued to employ his services and paid his monthly expenses," Sleet wrote. "Dismissal is an extreme sanction; however an extreme sanction is warranted to punish extreme conduct."





An investigation is going on in Maine after a video surfaced of a deputy being hogtied, tased and paraded around town purportedly during a bachelor party being held in his honor.



(excerpt, Associated Press)



“I can confirm that we are reviewing it for Sheriff [Donna] Dennison,” said Brian MacMaster, chief of the Investigation Division for the Office of Attorney General. “Beyond that, I can’t comment.

“We don’t comment on any of our investigations,” MacMaster added.

The weekly newspaper Village Soup obtained a video that shows approximately 10 men outdoors at what is believed to be a bachelor party when the Taser is used. The groom-to-be drops to the ground and the other men bind him before covering him with oil and feathers.

Dennison said the Taser didn’t come from the Sheriff’s Department. The agency doesn’t have any Tasers.

Interim County Administrator Jeffrey Northgraves said Monday that he, Dennison, Knox County Commissioners Mason Johnson and Anne Beebe-Center, jail administrator Maj. John Hinkley and Chief Deputy Ernest McIntosh were invited to the Village Soup office in Rockland on Thursday, April 10, to watch the video before it was released to the public.

“It was the first time any of us had seen it,” Northgraves said. “We didn’t think to ask how Village Soup acquired the video.”





An Orlando Police Department officer is under investigation for hitting a man who was handcuffed.



In Cook County, an officer charged with perjury and other offenses had over 150 DUI cases that he was connected with dropped.



A police officer working in Oxnard, California is on administrative leave amid allegations he raped a 12-year-old girl at a substation. He and his partner are also being investigated for alleged sexual misconduct.


(excerpt, Ventura County Star)


The allegations arose during the rape investigation. Polo is accused of raping a 12-year-old Ventura County girl on Aug. 14, 2006, in the department's Beat 21 substation at 3749 W. Hemlock St.

Investigators took DNA samples from the substation and removed computers from Polo's home, according to Crombach.

Polo was known within the department for taking pictures of women he spent time with, a city source said. After the investigation began, Polo implicated others who, he claimed, participated in misbehavior, according to the source, who asked to remain anonymous.

City manager won't comment

City Manager Ed Sotelo said he could not comment on the allegations because they involve personnel matters and pending litigation. But that hasn't stopped rumors from circulating.

As long ago as last summer, some of the more salacious allegations began to surface in the community, said Joe Avelar, past chairman of the city's Inter-Neighborhood Council Forum. A former code enforcement officer who worked with the Police Department for almost four decades, Avelar said he's been hearing details of the story at least since June.





In Baltimore, an off-duty police officer was shot to death by police officers. He had left a bar with brass knuckles and also a gun.



(excerpt, WBAL-TV)


Norman Stamp, 65, died in the incident, according to Police Commissioner Frederick Bealefeld. Stamp was a 44-year-veteran of the police force.

"Officer Stamp was a mentor to some and a friend to many," Bealefeld said. "This is an incredibly difficult time."

Stamp was shot after uniformed officers responded to a fight reported outside the Haven Place bar at Haven Street and Pulaski Highway shortly after midnight.




Highland is willing to pay higher taxes for more city services.







To the surprise of no one, a judge acquitted the four police officers in New York City of charges stemming from the 2006 fatal shooting of Sean Bell, according to the New York Daily News.



Until the next reckless shooting spree (nearly struck was a Port Authority police officer and residents of a nearby house while the supervising lieutenant hid beneath a dashboard) of an unarmed Black man or woman and give or take a year, there will certainly be another one unfortunately.



New York City reacts. Others by the hundreds marched to Bell's grave.




The New York Daily News columnist, Juan Gonzalez called it another version of the same script.



(excerpt)


It's all become predictable - after much public fanfare, sometimes even a trial, our courts say no crime was involved in these heart-breaking shootings of unarmed black men.

Anyone who spent time in the Sean Bell trial knows the prosecutors were only going through the motions. The absymal New York Knicks had a better game plan this season, and far more desire, than the prosecutors of Detectives Michael Oliver, Gescard Isnora and Marc Cooper.

You couldn't help feeling they mailed it in, and Supreme Court Judge Arthur Cooperman only stamped it.

It does not matter whether Bell, Joseph Guzman and Trent Benefield were choir boys or thugs. The simple fact is they had no guns.

There was an altercation outside a strip joint. Words were exchanged. Bell and his two friends were clearly filled with alcohol, but they walked away. Whether one of them said he was going to get a gun or not was never conclusively proved.

As they got into their car, they were confronted by a man waiving a gun at them. Witnesses, even cops who took the stand, contradicted each other as to whether Isnora identified himself as cop.




What the judge said before issuing the verdicts.




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