Wednesday, April 16, 2014

Response to Supervisor Nutting

From page A5 | September 06, 2013 | 63 Comments


County Supervisor Nutting recently contacted me regarding my letter to you on Aug. 16. This letter asked him to recuse himself from voting at county Board of Supervisors meetings until his legal troubles are resolved.

He encouraged me to read the recent 995 Motion to Dismiss that his attorney filed with the court. He stated that as a “college educated man” I would clearly understand what was going on after reading the motion.

Supervisor Nutting, I did read the Motion to Dismiss. The information in the document further cements my opinion that you should recuse yourself from voting as a member of the Board of Supervisors. A large portion of the document deals with the technicalities of what is considered a false document and what isn’t. The document reveals that you knew something was wrong ethically and morally, and you utilized as many legal avenues as possible to hopefully make things legal technically. This is the kind of behavior by elected officials that has enraged hardworking taxpayers.

I firmly believe the best and proudest days for El Dorado County are ahead. In order for this belief to become reality, behavior exhibited by yourself needs to disappear from the political landscape. The rule of constitutional law cannot exist when our elected officials pervert the law to benefit their own financial well-being. We need  elected officials who believe in constitutional law with their whole being. They need to believe it in terms of ethics and morals. They need to believe in constitutional law with the same level of enthusiasm that the founders of this great nation did.

In concluding this letter, I would like to ask Supervisor Nutting a question: What does the term “public servant” mean to you?

A public servant is supposed to have integrity. Integrity cannot be bought or traded, and it certainly cannot be ensured through debating technicalities. Integrity has to be earned by doing what’s right, just, and fair for the people he has been elected to represent.


Letters to the Editor


Discussion | 63 comments

  • 1036-FrankSeptember 04, 2013 - 5:34 pm

    In other words, "Read what my ever clever attorney wrote to try to get me off the hook and you will see what I am trying to pull off." What Nutting is earning is a stiff sentence and I and many others, believe he will have one after his conviction.

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  • Advance NoticeSeptember 04, 2013 - 6:20 pm

    Rumor has it Todd White wants Nutting's seat and is advertising his own integrity. Totally love Todd's morality play. More later.

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  • Oh BrotherSeptember 04, 2013 - 6:26 pm

    Jeez the guy calls to have an adult conversation and you have to respond with it publicly?? Not very gentlemanly. And does make it appear you do have an interest in the political arena.

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  • In El-DoradoSeptember 04, 2013 - 7:02 pm

    Yup, if memory servers me, Ray Nutting has always supported Todd White through thick and thin and when White needed Mr. Nutting, he was like Nuttings best friend...Now, when Nuttings is falling on hard times Mr. White just uses Nutting plight as a cheap opportunity to spring board his future political aspirations. What a punk.

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  • Foaming at the MouthSeptember 04, 2013 - 7:54 pm

    Every time I think I've got enough popcorn, I have to go pop more. Foam on, El Dorito, foam on.

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  • 1036-FrankSeptember 04, 2013 - 8:17 pm

    Most of these writers appear to be the usual campaign operatives from Nutting's last campaign. Anyone with a reasonable mind realizes that when an elected Supervisor fails to step down after felony charges, hires a notorious defense attorney, same as the last Supervisor who was arrested for felony charges of marijuana cultivation who was convicted and sent to prison, that there is an issue of the public integrity of office at stake. Nutting already can't vote on about 99% of issues so he is dead weight and he costs the tax payers for an inability to vote. His operatives believe, it seems, that everyone is more corrupt then them so only a corrupt motivation could prevail in removing him. They should think again, there are enough in this county who will clean up this mess because of the laws that eliminate corrupt and law breaking politicians and public employees after a jury trial conviction, this is no exception.

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  • Fran DuchampSeptember 04, 2013 - 11:22 pm

    1036....people are innocent in America until proven guilty in a court of case you have forgotten.

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  • Bill E.September 05, 2013 - 7:28 am

    @1036 is as predictable as the sun rising and is clearly part of the PR campaign being executed by power brokers. Thankfully, innocent until proven guilty still exists in the court of law. It is disappointing to see Mr. White take this tact in regards to a personal conversation turning into a letter to the editor. As this is the second such letter, it too reeks of being part of the same PR campaign. Any aspirations of running for a vacated District 2 position assumes residency and I believe Rescue is in District 4. The high road is barely a cart path these days.

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  • EvelynSeptember 05, 2013 - 8:17 am

    1. I am not an operative for Ray Nutting or for anyone else. 2. Todd White's LTE reads like self-serving political campaign PR. 3. Ray Nutting's 995 Motion to Dismiss is HERE. I seriously doubt that TW gave it more than a cursory skim. 4. Bill E's comment is completely on the mark. To quote: "The high road is barely a cart path these days."

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  • Christopher PikeSeptember 05, 2013 - 10:10 am

    Who is Todd White? Has he run for office in El Dorado County previously? Does anyone have information about him running for office in the future, outside of his letters to the editor? Just wondering, since the consensus seems to be that he is a political rival of Ray Nutting.

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  • EvelynSeptember 05, 2013 - 10:39 am

    In Nov. 2010 Todd White was elected to the Board of El Dorado Union High School. One of his 3 key endorsements was from El Dorado County DA Vern Pierson. had this about White: • Occupation: Social Services Aide • Bachelors of Arts, Social Science, Sacramento State • Associate of Arts, Social Science, Folsom Lake College • Active 4-H Volunteer • 2007-2009, Distict IV El Dorado County Parks & Recreation Commission • 2002-2005, Oak Ridge High School Site School Council

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  • Fair TrialSeptember 05, 2013 - 10:41 am

    I, too, have read the 995 Motion to Dismiss. Either Todd White did not read this carefully, or did not understand what he read, notwithstanding his college education. The Motion does not split hairs over the definition of what is false. It raises the substantive point that the DA has charged Ray Nutting with a felony violation of an arcane law which simply does not apply to the facts of the case. My impression is that the DA is desperately searching for a way to convict Nutting of a felony...because misdemeanor convictions do not force an elected official out of office. Only a felony conviction will do the trick. I don't know about the rest of you, but I consider my constitutional rights to pretty darned important...including my right to due process and equal protection of the laws. If Mr. Nutting's rights are not protected, then my rights and yours are in jeopardy as well. What I see in that Motion to Dismiss is a pattern of behavior by the DA that, if true, manipulates charges and the evidence in a way to achieve his goal, which appears to be to force Ray Nutting out of office. Whether you are a friend or foe of Nutting, the DA’s bullying conduct should not be tolerated.

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  • Phil VeerkampSeptember 05, 2013 - 10:44 am

    Christopher Pike - El Dorado Union High School Board member Todd White ~~~ LINK - America is exceptional

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  • EvelynSeptember 05, 2013 - 10:54 am

    Fair Trial: IMHO Ray Nutting is protecting our own rights by not cutting and running. A fair trial is exactly what is called for. Your point about the POLITICAL necessity of a felony conviction should be borne in mind.

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  • Christopher PikeSeptember 05, 2013 - 10:57 am

    Thank you Evelyn and Phil for the links regarding Todd White. I had not heard of him outside of his letters, so this is good information!

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  • Ernie LouisSeptember 05, 2013 - 12:17 pm

    Mr. White: Respect your elders. They helped put you where you are at today. Ernie Louis

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  • 1036-FrankSeptember 05, 2013 - 6:51 pm

    Everyone can appreciate the jury trial process which is a right. The problem with Nutting is he should step down and take a leave of absence or whatever to remove his inability to serve in the position he was elected to, it is that simple. Did all of these people suggest that Congressman Weiner stay in office? How about the Mayor of San Diego? They all think Nutting should continue to be in a position where he can't serve the county, this is a real problem. Why don'.t they demand a step down so the county govt. process can continue without this drama. Nutting can attempt a return if he is found not guilty.

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  • Zeke SlateSeptember 05, 2013 - 8:10 pm

    Hello all. I'm back. I was going to weigh in on this, but I think Fair Trial, Bill E. and Evelyn have just about covered it. When the politically biased press tells you what to think, and you believe it, then we have no common ground for discussion. Bottom line, the man is innocent until proven guilty. I support Fair Trial's assessment of the 995 text. Time for my prune juice.

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  • Fair TrialSeptember 05, 2013 - 11:24 pm

    Frank: The actions of Congressman Weiner and San Diego Mayor Bob Filner so offended the sensibilities of their constituents that the two men were forced to resign. The charges involving Ray Nutting, on the other hand, have been burdened with the stink of politics from the beginning...from the ambush interview at Nutting's ranch, to the snarky remarks of Joe Harn, Ron Briggs, the DA and others. You give the impression you think that people are stupid or foolish because they aren't demanding Nutting's resignation. I think there is a different reason...because they distrust the motives of the folks who seem to want to push Nutting out of office, they are just not inclined to drink the KoolAid.

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  • EvelynSeptember 06, 2013 - 5:19 am

    Fair Trial: Bingo!

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  • cookie65September 06, 2013 - 6:11 am

    Frank says, "Everyone can appreciate the jury trial process which is a right." Did you really intend to devalue the right to a fair trial and presumed innocence to nothing more than something we can "appreciate"?

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  • cookie65September 06, 2013 - 6:17 am

    Publicizing a private conversation for personal gain or to get your name in the paper doesn't fall under any category of admiral behavior. Do you have any thoughts on the DA's letter to Briggs which is nothing more than a smear like your letter? Did the DA write his letter on official letterhead? Did he write on the taxpayers dime? All these people who are trying to throw Ray under the bus keep getting stuck under it themselves.

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  • cookie65September 06, 2013 - 6:29 am

    Evelyn, based on the list you provided thru, anyone who is even slightly familiar with what the education system in this country has become, can make their own assessment on whether or not Mr. White is educated. Education has d/evolved into something our forefathers wouldn't recognize.

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  • EvelynSeptember 06, 2013 - 6:30 am

    Ray Nutting's Motion to Dismiss (filed 8/15/13) is scheduled to be heard 9/20/2013 at 1:30 p.m. Expect the ante to be upped significantly between now and then.

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  • Get on with fairnessSeptember 06, 2013 - 6:36 am

    Speedy and fair trial. Be reasonable Todd, not political. Folks are tired of political.

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  • EvelynSeptember 06, 2013 - 6:42 am

    Cookie: I can't comment on how the educational process -- such as it is -- may have impacted Mr. White. But he certainly does seem "flexible".

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  • cookie65September 06, 2013 - 7:32 am

    Flexible is a good word for it. LOL!!!

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  • cookie65September 06, 2013 - 8:11 am

    Occam's razor basically says that the simplest explanation that accounts for all the observable data is typically the best explanation. So what is the common denominator within this small, elite group who want to run Ray out of town? We know not a single one of them are motivated by or even slightly interested in ethics, the rule of law or anything else that does not benefit themselves over everyone else. The truth is relative to whether or not they can benefit from it. I made up my mind that this is a coordinated effort to rid THEMSELVES of Ray Nutting when the DA corresponded with the board chair over a request made by Ray for section 8 housing in an effort to bias public opinion rather than allow his case against Ray to stand on its own merits. If it was a criminal offense for Ray to make such a request charge him with a crime. Otherwise the letter (which still has not been made public) was nothing more than a desperate and highly questionable attempt to do something other than what the office of the District Attorney is assigned to do. To say this whole thing stinks is a colossal understatement.

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  • greg from rescueSeptember 06, 2013 - 8:13 am

    what gives ray the right to threaten todd for a letter he wrote to the mountain democrat bully tactics as usual ray got his bill from cal fire for the fire he started on his property how come its not made public ,will he use his defense funds to pay for this too ps what do you do when ray goes to lunch call the fire dept !!

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  • Fran DuchampSeptember 06, 2013 - 8:27 am

    Explaining the Bill of Rights By Barbara Feinberg Grades: 3–5, 6–8. People are innocent until proven guilty in a court of law.

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  • EvelynSeptember 06, 2013 - 8:47 am

    "greg from rescue" - I can't find where Ray has "threatened' Todd White or in any other way responded to this LTE. Are you relating "street chatter" or is there something you can document?

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  • 1036-FrankSeptember 06, 2013 - 9:04 am

    We can throw Machado into this also, how many of you "Stay Ray so we can Pay" wanted him to stay in office? After he was arrested? Seems his case involved a fire, code enforcement, corruption, etc. not too far off. Nutting needs to step down, regardless of anything else. Just like other indicted and arrested politicians have in the past here and throughout the country. The fact is Nutting can't perform his elected office, this alone calls for his resignation. Also for the legally challenged, these 995 Motions are routine, they are commonly used as a delay tactic and used to charge/cost both sides heavily for research prep and appearance time. There is no rush here to a jury trial for an "innocent." There is a huge delay going on and the cash register bell will toll.

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  • In El-DoradoSeptember 06, 2013 - 9:23 am

    1036-Frank....Reading your copious postings day-in and day-out bashing Ray Nutting kinda makes one wonder just who you might be or just what dog you have in this fight??...

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  • KariSeptember 06, 2013 - 9:35 am

    Ray- just do your community a favor- Step Down Already!

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  • EvelynSeptember 06, 2013 - 9:43 am

    Frank raises the Machado case. Count II of the DA's Complaint included 30 overt acts of conspiracy. But when the Machado case was settled somehow everything relating to "conspiracy" seemed to have vanished. Inquiring Minds want to know: What happened?

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  • Robert Van GilderSeptember 06, 2013 - 1:15 pm

    Why would Todd White respond to a private matter publicly? Hmmm...maybe I'll move to district II.

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  • EvelynSeptember 06, 2013 - 2:14 pm

    Perhaps Todd White will learn to spell b-a-c-k-f-i-r-e.

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  • EvelynSeptember 06, 2013 - 2:15 pm


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  • Italics OFFSeptember 06, 2013 - 2:16 pm

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  • Now?September 06, 2013 - 2:17 pm


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  • 1036-FrankSeptember 06, 2013 - 2:26 pm

    Mr. White's initial letter was public as a suggestion to Nutting to step down and handle his legal problems, he chose to answer in public after Nutting told him to read his attorney's brief of his 995 Motion which it looks like he did. Why should he "keep it quiet? It is his choice. My take is he wants Nutting to do the right thing and resign as do many others. There are simple reasons that involve the integrity of the county and the oath of office meaning something and being upheld.The fact that Nutting can't vote or perform his duties on 99% of county business is the problem. I had suggested the BOS adopt an ordinance to deal with this very issue, something like "Incapacity to vote." to prevent these kind of circus acts. Can anyone name a local politician trying to stay in office after arrest and indictment? I can't think of one. I do recall seeing Nutting and White on the campaign trail together a few years ago and they looked like they were friends. The bottom line is Nutting needs to resign and someone needs to tell him. as hard as it is, like a friend would tell a friend the hard truth even when they don't want to hear it.

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  • Fran DuchampSeptember 06, 2013 - 3:52 pm

    Ray doesnt need to step down--he hasnt been proven guilty of anything in a court of law beyond a reasonable doubt. So he innocent until a court of law decides. Are you concerned he is holding up something? and if so what? He stills does his job--HE removed himself from any conflicting ideas...pertaining to money issues. The board stills votes on items. .

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  • R SmithSeptember 06, 2013 - 6:21 pm

    I see there are still those out there who would be at home with the “Salem Witch Trials”, including Todd White. Back then we lacked a constitution that any one gave a damn about. I see those who have already drawn and quartered supervisor Nutting, also do not give a damn about the constitutional guarantees of “innocent until proven guilty”. Todd is far from alone in his distain for these constitutional guarantees; however a measure of foreboding sets in when you realize Todd, at least twice, has taken an oath of office to uphold the constitution. I suspect many others have this same flippant regard for an oath they took. Not so long ago, Todd distinguished himself with all the attributes of a snot-nosed-kid. This and other obedient letters give testimony to the fact that some people never change. When one allows loyalty to decompose in the desire to run with the big dogs, that person will never command loyalty and will endear themselves to the big dogs as nothing more than a useful idiot.

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  • RailroadSeptember 06, 2013 - 6:37 pm

    Somebody get a horse and a rope and call Mr. Lynch!

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  • Zeke SlateSeptember 06, 2013 - 7:09 pm

    Cookie and R. Smith, I applaud you both. You are among the adults in the room.

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  • Roscoe_P_ColtrainSeptember 06, 2013 - 11:38 pm

    Whel, Eye don't knoe tu mush bout this White feller. Guess the best I kin add is this. If I whir to reseeve a ledder in preyevet from some whon and then I posted the kontents of et fer the world to see, I'd bee miyty suspiceous of thim. Kinda like a kiss n tel. Sorta stinks iffen you ask me. It's sorta like a teyne ayger gustifing to der frends as to y dey'd brok up.

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  • cookie65September 07, 2013 - 8:36 am

    Mr. White says, "I firmly believe the best and proudest days for El Dorado County are ahead." Does that or does that not sound like someone who is testing the waters to launch a political campaign? If nothing else, you have established your trustworthiness regarding matters shared with you in private conversations. You will fit right in with the other self-serving creeps.

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  • Doubting ThomasSeptember 07, 2013 - 9:28 am

    A lot of people have been burned by Nutting, including Todd White. What a person does in private is a good indication of what can be expected in public office. Character counts. Citizens have a right to know the facts so they can cast informed votes. Good rule of thumb: Stay out of the kitchen if you can't take the heat. Savvy politicians know conversations, emails, Tweets, photos of genitalia, affairs, etc. eventually become public knowledge. It's an invaluable method for swaying public opinion. You decide whether to hang 'em high or promote 'em to higher office when you cast your informed vote.

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  • No doubting ThomasSeptember 07, 2013 - 9:55 am

    Hmmm . . . Thomas knows of what he speaks and of what he speaks includes a district attorney who stroke of luck happens to be in charge of the county's IT.

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  • Fly On The WallSeptember 07, 2013 - 12:12 pm

    Nutting, Briggs, Harn, DA...Is the pot calling the kettle black? Inquiring minds would like to know...Where art thou, O Brother? Advance Notice, Fair Trial, do you care to weigh in again?

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  • Fair TrialSeptember 07, 2013 - 12:30 pm

    Frank: Since it seems that you have some understanding of the legal process, I assume you're also familiar with the notion that a prosecutor could get a "grand jury to indict a ham sandwich" if he so chooses. (For those not familiar with the grand jury process, a few basic facts...1. A criminal grand jury is selected by a process similar to regular jury summons and selection process. 2. The criminal grand jury is separate from the now infamous civil grand jury which was disbanded earlier in the year. 3. The criminal grand jury hearing is conducted in secret. 4. The defendant's attorney is not permitted in the courtroom, so there is no cross-examination of witnesses or objections to inadmissible evidence. 5. The defendant may choose to testify, but only without his attorney present. That rarely happens. 6. There is no judge present during the grand jury proceedings. Ironically, it is the prosecutor who bears the responsibility to ensure a fair and impartial hearing. Somewhat like the Fox guarding the Henhouse.) The "ham sandwich" saying stands for the idea that a prosecutor exerts such control and influence over a grand jury because of the nature of the process that it would be remarkable if a grand jury did anything other than return an indictment as requested...For a long time in California, a person indicted by a grand jury was entitled to a preliminary hearing, if requested, after the indictment. (A preliminary hearing is a sort of "mini-trial" in which both sides may call and cross-examine witnesses, and a judge presides over the hearing to ensure both sides comply with the rules of evidence. After hearing all of the evidence, the judge will determine if the defendant should be required to stand trial. Most criminal cases in the state begin with a preliminary hearing, not a grand jury indictment.) Since a State constitutional amendment about 20 years ago eliminated a defendant's right to a "post-indictment preliminary hearing", Ray Nutting's only remedy at this stage is the 995 Motion. If the information in that Motion is true, it seems the DA has forgotten that his job is not simply to be an advocate for his side and to obtain convictions. It is to fully and fairly present the evidence... and that duty is never more important than in a grand jury proceeding where he really is the Fox guarding the Henhouse.

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  • Oh BrotherSeptember 07, 2013 - 12:33 pm

    Sure I will weigh in-politics suck.

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  • Oh BrotherSeptember 07, 2013 - 12:36 pm

    I will weigh in again-Fair Trial you rock!!!

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  • Fly On The WallSeptember 07, 2013 - 1:14 pm

    It appears certain readers are more informed than what the Mtn. Democrat would lead us to believe. Who actually controls the tainted Kool Aide leaked via the information highway? Haz-mat crews working overtime to clean up the mess on taxpayers dime$$$? What sayest thou, 1036-Frank and other discerning eyes?

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  • James E.September 07, 2013 - 2:34 pm

    Having once been subjected to a Federal Grand Jury, I can attest that Fair Trial knows of what he speaks regarding criminal grand juries. In my case, the jury found no bill as the prosecutor screwed up and called followup witnesses that convinced the jury that it could not have been me that leaked classified information to the media. It was a wonderful experience and built my character.

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  • Oh BrotherSeptember 07, 2013 - 3:19 pm

    I, unfortunately, have lost much faith in our judicial/legal system through personal experiences with loved ones and friends. Very sad.

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  • EvelynSeptember 07, 2013 - 3:22 pm

    Fair Trial: Thank for laying it out so clearly. ********** James: "Wonderful experience"?!!!

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  • James E.September 07, 2013 - 4:23 pm

    Evelyn, horrible experience.

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  • James E.September 07, 2013 - 4:25 pm

    ADDED: Legal quicksand and only the tip of your nose is sticking out.

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  • Fair TrialSeptember 07, 2013 - 5:33 pm

    James: Adversity certainly builds character. I imagine that your view of the experience as wonderful and character-building is tempered by the fact that it is now behind you and had a successful outcome. Not knowing the facts of your case, it might not have been a mistake that caused your prosecutor to call witnesses who testified that you were not the source of classified leaks. You might have been fortunate that the prosecutor had high ethical standards... If the prosecutor knows of witnesses or evidence that would tend to exonerate the accused, he has a duty to either present the evidence to the grand jury, or to advise the grand jury of the nature and existence of the evidence, including the identity of witnesses, so that the grand jury can exercise its independent authority and order its own investigation. One of the issues Ray Nutting's attorney complains of in his Motion is that, in this case, the prosecutor was aware of "exculpatory" evidence which he failed to present or to advise the grand jury of its availability. This is a serious allegation, and not simply a "technicality" as others here have suggested. Your own experience is a great example...whether by mistake or because the prosecutor was doing what the law requires of were exonerated of the charges against you. Had those witnesses not been called to testify, you might have been indicted and subjected to a long and costly might even be posting on the Mt. Democrat from the Big House...

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  • James E.September 07, 2013 - 6:19 pm

    Fair Trial, if you read much of my stuff you would know that I tend towards the sarcastic. I knew the prosecutor from other cases and he had no integrity. He was so bad the other lawyers in the DOJ held him in contempt. This was a man who would threaten those he interviewed that if they didn't spill the beans, he would charge the wife, the teen age children, and send the family dog to the pound while the wife and children were in custody. Finally, he left out the backdoor of the DOJ when a federal judge found that he had manufactured evidence to falsely convict a man who spent 25 years in prison before he was cleared. In my case, he called more witnesses because he had used his "special technique" on them and assumed they would give false witness. It didn't work for him. And, did he get criminally charged for manufacturing false evidence? Nope, quietly out the back door of the DOJ and now enjoys a high legal post in a company overseas. My experiences have shown me that the criminal justice system on the federal level is corrupt. Very corrupt. Does this mean the local grand jury captained by the DA is corrupt. Don't know. Hope not.

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  • Oh BrotherSeptember 08, 2013 - 9:42 am

    James - yep can we all say corrupt..thought this time would be better than last DA but have been quite disappointed in the outcome..this one has an even bigger ego and agenda..and no, I am not going to get into on this website. Just a bunch of BS and have left a lot of people with little faith in our County judicial system (all facets of it).

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  • Fair TrialSeptember 08, 2013 - 12:30 pm

    James: I detected a note of sarcasm, but wasn't sure. I tend to want to give people the benefit of the doubt when I don't have all the facts...hence my suggestion that your prosecutor might have been doing the right thing. Clearly not the case. I am sympathetic to your situation...A former colleague of mine was driven to near financial ruin by a malicious federal prosecutor. He was ultimately cleared of all charges but it was an awful experience. Still, I believe that most of the time our legal system works fairly. It breaks down when the participants don't play by the rules. I am not ready to accuse the DA of corruption -- I don't think we have enough information to do that, and it really only serves to further politicize the conversation. What I have read, if true, is very disturbing. At the very least, the grand jury was not told the whole story. They had a right to hear it, and the absence of important information may well have compromised their decision.

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