Friday, February 22, 2008

Charges exposed

URGENT ALERT! This case was TOSSED by the Judge - never made it to trial.
☛ ER http://eurekareporter.com/article/080826-judge-throws-out-douglas-zanotti-case
Feeney said the indictments the grand jury handed down to Douglas and Zanotti in December 2007 weren’t supported by probable cause. Insufficient evidence regarding the former leaders’ alleged failure to oversee other law enforcement was also presented to the grand jury, Feeney said, and instructions given on “exigent circumstances” were inadequate.
The grand jury should have also been instructed on justifiable homicide by law enforcement officials, Feeney said.

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Original post: Arraignment continued second time, charges exposed

According to the transcripts, Gallegos alleged that Douglas and/or Zanotti committed three acts with criminal negligence and two crimes.

The first act allegedly committed with criminal negligence, was failing to adequately supervise or direct the EPD SWAT team members in relation to Moore — a barricaded subject.

The second act alleged against the defendants is failing to adequately supervise the EPD Crisis Negotiation Team.

The third states that they failed to provide adequate communication between the EPD, SWAT and CNT — to enable them to plan and/or prepare how to respond to Moore....

...The first alleged crime reportedly committed by the defendants is unauthorized destruction of property — a misdemeanor under California Penal Code Section 603.

According to the transcripts, “(It applies) to every person, other than a peace officer engaged in the performance of his duties as such who forcibly and without consent ... enters a dwelling house ... and who damages, injures or destroys any property of value in, around or appertaining to such (a) dwelling. ...”

The second alleged crime is reportedly home invasion, PC 602.5 (a). “(The law states) every person other than a public officer or employee acting within the course and scope of his or her employment in performance of a duty imposed by law, who enters or remains in any ... residential place without the consent of the owner ... or the person in lawful possession thereof is guilty of a misdemeanor.”

17 comments:

  1. May I be the first to say, WTF? The point of two misdemeanors is what, exactly? And if you are going to do that, why PC 602.5(a)? Shouldn't it be 602.5(b), as Ms. Moore was home? the (a) count is a six month misdo, while the (b) count is one year (maximum punishment). If you are going to do this you hould do it right. Hey, how many times do you think Ms. Fleming brushed her teeth after this appearence. Poor Maggie.

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  2. Indeed, PVG seems to have reverted to the defense tactic of flinging all possible mud in hopes that something sticks. A proud moment for the DA's office. Well done, you can hold your heads high over this one.

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  3. What planet is Gallegos from?

    As for Ms. Fleming, it is pretty hard to feel sorry for her. She evidently agrees with her moron boss because she keeps on protecting him and working for him. What happened to having a little self respect and just saying "no."

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  4. Excepting the fact that your District Attorney is serious in his endeavor to hang thes Officers, this would be humorous.

    Such the Fool he looks.
    And Ms. Fleming, the willing Lackey.

    Wollf......7!!

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  5. One thing left out, wasn't Paul ON SCENE when this was all going down? Why didn't ON SCENE WONDERPAUL step in and save the day because he knows better (and is better armed than the police now)

    Maybe it's because Paul doesn't know what the fuck is going on.

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  6. 2/22/2008 8:43 AM said: "As for Ms. Fleming, it is pretty hard to feel sorry for her. She evidently agrees with her moron boss because she keeps on protecting him and working for him. What happened to having a little self respect and just saying "no." "


    Or - maybe Ms. Fleming thinks her boss has brought appropriate charges and is doing her job in the pursuit of justice in this matter, notwithstanding the spin and splutter that is spewed about daily by the proprietor of this blog.


    At any rate, it will soon be a trial jury and a judge that gets to decide on the facts and the law in this case, not a bunch of cops and bloggers.

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  7. You're right. Maybe she thinks "destruction of personal property" is an appropriate charge.

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  8. Who was it who used the quote
    All that is necessary for the triumph of evil is that good men do nothing.

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  9. 11:05, you are showing your very pointed negitive feelings about cops and bloggers. I can understand your point about bloggers since you is one. What's your personal insight on cops?

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  10. 11:05 - you are joking right?

    You gotta be joking, you can't be that thick.

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  11. You bang on Maggie Fleming. Why? Because PVG is such a moral coward that he sends her to do "his" (dirty work) arraignment. He's the one that pushed this case and grabs all the glory (and press) he can by being the Man going cops BUT, when it's time for arraignment he sends Fleming, or Dollison (at the first arrignment).

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  12. Would you expect all career military personnel to abandon their career, their livlyhood, just because they don't approve of everything the president does?

    Maggie Fleming is a good person. Actually she is a great person. And a great deputy DA, a real asset to this community. Something that can't be said about her boss without overcoming the urge to gag.

    That Cheri Moore incident could have been handled in a hundred different ways. But who is to say the outcome would have been any different? Cheri Moore was a mentally ill and tormented person, sad but true.

    From everything I've read criminal charges against the police managment in this case are just not warranted. This is the DA, Paul V. Galegos, grandstanding for his loyal followers (or puppet masters). And just like the PL fiasco this will be tossed out of court and it will have accomplished nothing positive. With the exception of pumping up the ego of PVG, the 2nd rate criminal defense layer turned King.

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  13. You must know her then 8:58. I don't and don't care to. Seems to me that she is not military personnel but a lawyer who could get a job in any office. It also seems to me that a lot so many lawyers have left that office, that they found livelihoods other places without abandoning their principals.

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  14. One thing I will say is that the people I talk to who have connections with the DA's Office, speak very very highly of Maggie Fleming, her ability, and her professionalism.

    The people who have spoken out have done so hoping to help her, and the others in the office.

    From my perspective - I have no respect for those who do not speak out.

    They could have done so long long ago and perhaps prevented the situation with which they are now dealing.

    I often wonder why those who give their life's work to protect others, who would go to battle to save others from enduring horrific work conditions, who will speak out on behalf of others, will not lift one finger to stand up for themselves.

    It's not too late to speak out.

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  15. Rose, you disappoint me.

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  16. Well I am proud of you Rose.

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