worth reading - Why DA's Palco suit was ill-advised
Former environmental prosecutor Paul Hagen explains the flaws in Gallegos' Palco suit, the reason why it failed to make it into court, what was wrong with the reasoning behind Gallegos' Appeal of that rejection, the subsequent rejection of his Appeal (made a published Opinion), and the CA Supreme Court's final nail in the Palco suit coffin, a final rejection.
The Appeals Court found that the state has failed to prove, on its third try, a reasonable possibility that the (complaint)'s defect can be cured by amendment.”
Hagen's own credentials dwarf Gallegos' - and he notes: I would like to make it clear that I in no way approve of Palco's behavior. I personally prosecuted them twice criminally (obtaining literally every last penny available as penalties under the 15 counts I charged collectively) and once civilly (against Scopac, actually), receiving $80,000 in a settlement, $35,000 of which I sent to schools in the Van Duzen watershed.
And I found Palco's behavior in the recall election astounding and shameful, an incredibly bad set of decisions to fund petition signers and more in an effort to drive out an elected official.
That said, Gallegos' decision to prosecute Palco was a political one, make no mistake. Political prosecutions are never a good idea.
Within days of taking office, Gallegos directed his chief investigator to conduct an investigation. When his investigators reported they could not find evidence of a crime, the suit was filed civilly instead. The day before it was filed, a member of a local watchdog organization sat in the DA's library and read the complaint.
Paul Hagen is one of the rare few with the courage to speak out. It cost him his job.
ER Failed Gallegos lawsuit one more obstacle for community to overcome 5/3/08