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Nutting arraignment delayed by motions to dismiss charges

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From page A1 | July 24, 2013 | 53 Comments

El Dorado County Supervisor Ray Nutting was set to be arraigned on a Grand Jury indictment Monday in South Lake Tahoe but the prosecution was instead met with motions to dismiss the charges.

The new indictment supersedes the criminal indictment from the District Attorney’s Office from May, a press release stated. New bail for the felony case is set at $20,000, with the previous $55,000, alleged to have been obtained illegally, being returned to Nutting.

Visiting Judge Timothy S. Buckley was assigned to the case, with attorneys from both the District Attorney’s Office and the California Attorney General’s Office at the hearing.

The Grand Jury indictment alleges four felony counts related to filing false documents, failure to disclose income and having a financial interest in a county contract. A second indictment from June alleges seven misdemeanor counts related to his obtaining bail bond funds, illegal loans from El Dorado County employees and contractors while he is an employee of the county.

The prosecution was unable to set the matter for trial as the defense stated their intent to file a demurrer and a 995 motion to dismiss charges. The press release from the DA’s Office points out the defense — Nutting is represented by attorney David Weiner — received discovery on June 7. A hearing regarding the motions will take place on Sept. 20 at 1:30 p.m. in Department 3.

The case was investigated by the DA’s Office and the case will be prosecuted jointly by the DA’s Office and the state Attorney General’s Office.

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Discussion | 53 comments

  • skateordieJuly 23, 2013 - 3:37 pm

    i think i saw ray on the 48hr El dorado county booking today for some new charges. http://edcapps.edcgov.us/sheriff/jail48hour/jail_dataview.asp?BKGNUM=JN1303896 keep up the good work buddy.

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  • StanSmithJuly 23, 2013 - 3:50 pm

    Can we just put Nutting and Briggs in a Cage Match and give them each knives.

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  • 1036-FrankJuly 23, 2013 - 5:57 pm

    This looks like it will be a calculated delay and motion game by the ever more costly attorney. They can keep delaying this and the cost goes up. Wouldn't an innocent person want to go to trail immediately? How many months has this been delayed already? Delaying a jury trial isn't what an "innocent" does it is what an attorney does who wants to vampire a case and maybe get half a ranch.

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  • kggJuly 23, 2013 - 8:17 pm

    i suppose most of us will be long dead before this ever goes to trial.

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  • StanSmithJuly 23, 2013 - 8:24 pm

    From what I have been told, he will never get a fair trial in the EDC as there is too much corruption in the Courts. So perhaps he should want to hit the trail as quickly as possible, as you advise. Unfortunately, 600 acre ranches aren't liquid assets and one way plane tickets to Caracas and future living expenses there take lots of cash. I seriously doubt his attorney is after his ranch, although I could be wrong. His attorney already owns 1,000's of acres of non-productive RR-40 land in the EDC. I had a meeting with your illustrious supervisor not long before this whole thing went down and I can tell you his arrogance was off the charts. I left thinking he had become the classic, slick politician who didn't give a rats as about anyone else, as he pretty much stated in the meeting. I wish Ray nothing but the best in his new humble existence with all his problems. I could only wish they go on for infinity.

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  • FranJuly 23, 2013 - 8:36 pm

    Really? and I have only known a very kind person--who attends many fund raisers to help my community. Innocent until proven guilty.

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  • cookie65July 24, 2013 - 5:47 am

    It was reported from one of the infotainment sites down the hill that the judge ordered the original bail returned to those who gave it to him.

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  • Criminals Charging others for Crime???July 24, 2013 - 7:21 am

    I expected this, it is no news that the Judicial Counsel found James Wagoner a Superior Court Judge guilty of "obstructing a grand jury investigation." Corrupt officials pushing criminal charges on others less corrupt, will bring to much exposure to their corruption. Of course it will be dismissed! El Dorado County officials now have a wide window to enjoy corruption because they have more dirt on the D.A. Vern Pierson and Judge James Wagoner, then those two bozo's could ever have on a white collar criminal! Hold on to you wallets and freedom! Its open season for corrupt acts now! Ethics do not exist, conflict of interest brings high rates of returns for corruption under these circumstances. They all have each other in their pockets! Former Mayor Dave Michado, too bad you missed the window! [insert Homer Simpson "doh!" here] Only in a third world country! El Dorado County introduces USA third world corruption as a normal part of life! Get used to it, it is not going anywhere with such a cowardly set of U.S. citizens who do nothing!

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  • Walking TallJuly 24, 2013 - 8:41 am

    While out on illegal bail money Ray does the very same crimes and trys to get money from those who have county contracts. Ray has always felt that he is above the law and shows this to everyone everyday, no wonder he can't just leave he thinks what he has done is ok. Ray has his attorney clog the court with a dismisal request to delay what everyone knows will happen; he will be held to answer as the criminal grand jury found. Ray will cut a deal and then go away but not before costing our county money, he has been caught and cannot face the truth because he has never told the truth. Well Ray we are all over you and have moved on so it's not all about you and how you can't even follow the basic rule of once caught don't do it again. More importantly don't do it when the judge tells you not to, because next your bail will be; No Bail. Walk away Ray and enjoy your stay behind bars, like you do in them and respect this county and remove yourself from the BOS.....

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  • Walking TallJuly 24, 2013 - 8:51 am

    What was missing from this reporting was that Ray had to submit to another booking after his first appearance in South Lake Tahoe, for the two new charges he commited while out on bail for the original host of felonies and misdemeanors. Ray just can't help himself when it comes to breaking the law, he just does it and feels it's ok. Conduct no one wants out of a public offical much less out of a BOS member who says he respects the rights of those who he steals from and will continue to do so. Way to go Ray...

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  • Walking TallJuly 24, 2013 - 8:57 am

    What was missing from this reporting was that Ray had to submit to another booking after his first appearance in South Lake Tahoe, for the two new charges he commited while out on bail for the original host of felonies and misdemeanors. Ray just can't help himself when it comes to breaking the law, he just does it and feels it's ok. Conduct no one wants out of a public offical much less out of a BOS member who says he respects the rights of those who he steals from and will continue to do so. We all have seen enough and it's time to move on to trial and stop the bleeding.. Way to go Ray...

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  • R SmithJuly 24, 2013 - 9:26 am

    Walking tall on a low road is not all that tricky when unencumbered with the truth. The reluctance to attach a real name to ones declaration provides the ability spew hate and deceit. The question becomes, did the desire to get home for dinner, prompt a not so Grand Jury to unwittingly provide employment for a dog and pony. Other questions come to mind. If Ray had suspected he might be in conflict, would not he have had his bother file for the grants? Could a man who has given so much of himself to the community be guilty of so many charges? I am reminded of the words from David’s Psalm 63: “Those that seek my soul, to destroy it, shall go into the lower parts of the earth. They shall fall by the sword: they shall be a portion for foxes”.

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  • ObservationsJuly 24, 2013 - 10:25 am

    The visiting judge, retired from the 5th Circuit Appellate Court, is now taking charge of the case. He is the one that reduced the bail. The potential for a fair trial has just increased and it is the judge's'calendar that sets the next court date. The demurrer filing makes sense with a hyper DA just throwing stuff against the wall to see what sticks. The DA is trying to show a pattern of activity, but the frivolous nature of some of the charges could easily back fire on the whole case. Look no further than the Zimmerman trial as to an overplayed hand in prosecution and the unpredictability of a jury trial. All of this costs Ray money to defend himself, but it is not a free ride for the county. In fact, it may cost the county double, triple or more to pursue these charges. The real heat is on the DA if he fails to deliver and potentially has only a high 6 figure or maybe even a 7 figure bill to show for the effort. Just an observation.

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  • Jim RiordanJuly 24, 2013 - 12:15 pm

    R Smith, It is my opinion that "Walking tall" is never encumbered by the truth . He is too busy trying to convince folks that he knows all and sees all . . . Just remember all this when he tries, if he ever does, yet another unsuccessful bid for Sheriff. Thank God we already have a great Sheriff. Further Mr. Smith, would you, or could you, or for that matter could ANYONE, ever have faith or trust in a Sheriff who is not only, in your words, "Spewing hate and deceit" but is making statements about criminal acts as though they have already been adjudicated?? Frankly, I like a Sheriff who leaves those statements for Judge and Jury to make. If you listen to Walking Small, everyone is guilty of something (except him) long before a Judge or jury makes their call. I vote for Sheriff John . . Any day. His actions do his talking. . . . He does not need to say a bad word about anyone or make false or misleading , unproven statements in an attempt to elevate his stature . . he already has it. . . even without using a fake name.

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  • Jim RiordanJuly 24, 2013 - 12:26 pm

    Walking Tall, may I suggest a good book for you "How to Rede an Spel Gud" . . .

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  • Phil VeerkampJuly 24, 2013 - 12:29 pm

    Jim, shudnt "Gud" be God? . . . or am I to piky?

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  • Jim RiordanJuly 24, 2013 - 12:40 pm

    Phil, nope knot 2 piky atoll . . . sure grateful we got to go to gud skools!

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  • iErnie LouisJuly 24, 2013 - 3:10 pm

    This is getting too silly for Highly paid elected officials. Your "fun time" is over. Attention Joe and Vern – Get off your broom and quit wasting taxpayer’s money. Just do the job you were elected to do. On second thought, These observations are extended to all elected officials. Ernie Louis

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  • FranJuly 24, 2013 - 3:15 pm

    Walking Tall-- are we back to having everyone step down then-- so the legal system can sort through this--including the DA and Auditor? Innocent until proven guilty. I have no problem with everyone stepping down--while a fair trial is in progress. Bring in a group to run the whole place...while everyone is looked at. Mean while--where are any notes about what the Grand Jury did for all those weeks prior to disbanding? What questions were they investigating?

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  • curiouser and curiouserJuly 24, 2013 - 5:36 pm

    Those who are defending Ray I have a question. Do you think that the Criminal Grand Jury who indicted Ray, the State Attorney General, and the visiting judge are all trumping up phony charges because the Auditor has fooled them some how? If so then shame on you. Clearly Ray has never believed in the rule of law. And it is as clear as what you read on this thread that his apologist don't have much use for it either. We are suffering from a combination of ignorance and apathy here. Ray has spent his life time manipulating those who possess at least one of those symptoms. Fran, search the post in this paper from those who were on the last GJ. They spelled out pretty clearly what happened.

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  • also curiousJuly 24, 2013 - 6:09 pm

    c & c - last heard someone from the GJ was reporting to sweeney, but nobody knows why Sweney needed the life line. Story was several actors were closely tied to one another. Probly well never know what actually happened, but so far nuting hasn't been mentioned in the information about the last GJ.

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  • curiouser and curiouserJuly 24, 2013 - 7:07 pm

    If you believe what the members of the GJ said in the paper, then it was a combination of poor collegiality mixed in with a Judge, Steve Bailey, who is void of common sense. 7 degrees of Ray Nutting. Bailey wanted local professional fall guy/goon Dan Dillinger's name removed from the Pioneer Fire District report. Apparently besides being Ray's campaign manager he's also Bailey's. People on the GJ did not appreciate the illegal act perpetrated by their Judge. It all made for good reading a few months back. 7 more degrees of Nutting. I suppose the connection between Briggs and Nutting, besides the obvious. Brigg's sister is married to Judge Bailey. This group could give Peyton Place a run for it's money.

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  • FranJuly 24, 2013 - 8:45 pm

    curiouser and curiouser...if you are addressing me...I have not said one way or another. I believe the game is different than what we are reading. I believe if one person knows--many know whats going on--we are just not part of that circle. And I believe a person is innocent until proven guilty. I am one of the circle of volunteers up here--so for 20 yrs or so--I have work fund raisers along side Ray--where he has always been just a "nice" guy. I dont always agree with his politics--yet he has never treated me less for it. I have never seen him "arrogant"...or even raise his voice at someone in anger.

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  • FranJuly 24, 2013 - 8:57 pm

    " Fran, search the post in this paper from those who were on the last GJ. They spelled out pretty clearly what happened." I need to see documents...I would really like to see the questions that were posed. They went through a couple months before the personality conflicts...the judge in charge of the whole mess--would have asked for any notes...where are they? Even if the questions will be posed again for a new jury--I think the government needs to give us something.

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  • 1036-FrankJuly 24, 2013 - 10:22 pm

    Too bad not many knew before a few campaign seasons ago who makes up this dirty circle of connected bad actors and there have been some high profile people who should of known better who associated with and used this gang for campaigns and now that they have been exposed it has also exposed several others who have now answered to serious felony charges, one of the gang went to prison already, one to jail, another arrested and this is a good start at cleaning up this mess. People need to connect the dots with these people and learn and they will get the picture.

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  • Phil VeerkampJuly 24, 2013 - 10:31 pm

    Frank, please clarify the distinction between " People need to connect the dots" and "guilt by association". Joseph McCarthy "connected the dots". Is that what you mean?

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  • curiouser and curiouserJuly 25, 2013 - 6:14 am

    Fran, 2 things you keep saying that doesn't make sense. You want to know what happened to the GJ? Go ask the members. It's no secret who they are. It seems you want to create a controversy regarding some form of cover up. And innocent until proven guilty. It's Ray's campaign slogan. That doesn't mean you throw out common sense. Obviously he has committed those crimes. There is a difference between being a supporter and an apologist. There comes a time when a person should step down for the good of the community.

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  • Huh?July 25, 2013 - 7:22 am

    C&C, There was much speculation as to the source issue causing the irreversible divide on the GJ. GJ members are sworn to confidentiality with legal repercussions for any breaches in protocol. Beyond a few personal attacks that aired, no specific issues were identified, just speculation in the comment section. So you are continuing the speculation trend or breaching confidentiality. Which is it??

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  • Walking TallJuly 25, 2013 - 7:34 am

    Small minds are amused by small things, but where Ray is concerned it it no small thing(s) that he is involved in and the money he can't explain is in the milions..but all the Ray Rallies won't be talking when they wake up and see the evidence. The comments here are just that and he will have his day in court or plea out, but what most miss is damage he continues to cause this county by now stepping down. Ray is costing the County plenty and as he says he will continue to do so. He has fallen from his perch and we want nothing to do with Nutting.

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  • FranJuly 25, 2013 - 7:48 am

    I do not know who all the GJ people are--and would not track them down...if I met any of them and "they" told me--id be horrified they broke their oath. I believe anyone is innocent until proven guilty. "There comes a time when a person should step down for the good of the community." this would be a personal choice--for any individual. I keep hoping Harper will step down from CEDAPP (since she had resigned http://www.inedc.com/1-1691)--dissolve the whole idea of an economic group...and leave town. For the good of the whole community. But that is my opinion. I have just stated what I know of Ray.

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  • FranJuly 25, 2013 - 7:58 am

    "is" to "are" rolling eyeballs...

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  • FranJuly 25, 2013 - 8:00 am

    never mind--I need coffee...lolololol...good morning fellow web loggers...lololol "is" was right.

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  • FranJuly 25, 2013 - 8:15 am

    Yesterday at a meeting..when I heard the speech about not thinking negative (even if people lie to an entire county...) the whole time they were talking--I kept thinking about these words for her..."I do whatever my Rice Crispies tell me to do." Sometimes I think our new pseudo guru people (NPGP)really and truly believe their own sham of economic growth here in the county...I am more afraid of them than the worse politicians I could ever imagine...

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  • R J CarterJuly 25, 2013 - 8:45 am

    Hey Fran...Speaking of the out of control Grand Jury members...My wife and I are longtime friends of Ray's in-laws and I've also known and been friends with Ray for years....Well, around a month or so ago we (my family and Rays) all went out to the Sunday breakfast at the V.F.W...About 5 minutes after Ray and his kin left this guy shows up, sits down at the next table and begins taking pictures of my buddy and myself, then he follows our wives outside and begins taking pictures them...Before I figured out what the guy was doing he scattered....Then the next day I see the at Ray's arraignment I see the guy talking to the prosecution...Still not knowing who he was, he was told in no uncertain terms what would happen to his camera if he was ever caught doing it again.....Later, after a little investigating I found out the guy following us around taking pictures of us is a member of the Grand Jury...Long story short it seems like something very wrong about that, just can't put my finger on it.

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  • EvelynJuly 25, 2013 - 9:01 am

    RJ Carter: Which Grand Jury, civil or criminal? And while on the "justice" theme, an interesting case HERE.

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  • EvelynJuly 25, 2013 - 9:04 am

    RJ: Sorry, my above question was rather opaque. About the guy following you around, was he a member of this year's GJ, or last year's? And if this year's, civil or criminal?

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  • R J CarterJuly 25, 2013 - 9:08 am

    Evelyn....Sorry, don't know..I was just told he's a member of the Grand Jury...I'm guessing Criminal?

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  • R J CarterJuly 25, 2013 - 9:13 am

    Added....I'm also guessing last years disbanded GJ since this years wasn't even announced yet at the time....

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  • Jim RiordanJuly 25, 2013 - 10:28 am

    Hi Ya RJ, Hope all is well . . . ya shoulda started taking photos of the dirtbag back with your phone Bud.

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  • R J CarterJuly 25, 2013 - 10:36 am

    Jim....Thanks, and yup I did....I stuck my own camera right in his face as he was walking through the metal detector at the courthouse....After that I passed his picture around, that's how I found out he is/was on the Grand Jury...

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  • EvelynJuly 25, 2013 - 11:05 am

    In 1989 Eustace Mullins wrote: "Those judges who at some point begin to . . . substitute their personal views for the exigencies of the current party line . . . are the judges whom you read about in the press. They are judges who are impeached for high crimes and misdemeanors, stripped of their office, and sent to prison. This is a very rare occurrence, as the sitting judge is never allowed to forget where his real allegiance lies."

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  • FranJuly 25, 2013 - 11:42 am

    R J Carter...that is just creepy. I am sorry to hear that. I am sorry you are not allowed to just have a meal with friends and family. I am sorry that Ray is not allowed to talk to old friends--without someone accusing the friends of wrong doing. Innocent until proven guilty. Sometimes--I go out of my way to irritate people on purpose...mostly people who say...dont look at the negative...look to the bigger picture (as they are destroying lives.) What I find is that --it is these people that get the angriest...their facial facade comes down quickly...it is amusing. So next time someone takes your pic--shake it up--stick out your tongue...throw a glass of water at them...kick it up--amuse yourself. But it is creepy and it does scare people.

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  • Curiouser and CuriouserJuly 25, 2013 - 2:36 pm

    A list of people who are well loved and their friends believe they were framed for political reasons. DC Mayor Marion Berry Illinois Governor Blagojevich Ohio Rep. James Traficant Placerville Mayor Machado Federal Judge Porteous LA. Rep. William Jefferson Illinois Rep. Rostenkowski EDC Supervisor Visman It's a much longer list. All have people that swear they were innocent. The biggest winner? Ray's Attorney. Biggest loser? I'm not sure. There's a lot to be learned from this.

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  • EvelynJuly 25, 2013 - 4:19 pm

    Interesting case, that of Rod Blagojevich. Someone please name the politician who HUGELY benefited from his dispatch. Perhaps a relevant analogy?

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  • EvelynJuly 25, 2013 - 7:37 pm

    Attracting decidedly muted attention were ethical questions concerning Blagojevich federal prosecutor Patrick Fitzgerald: HERE

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  • EvelynJuly 25, 2013 - 7:48 pm

    WSJ 12/15/2008: "Fitzgerald Should Keep His Opinions to Himself" - HERE - In the Dec. 9 press conference regarding the federal corruption charges against Gov. Blagojevich and his chief of staff, Mr. Fitzgerald violated the ethical requirement of the Justice Department guidelines that prior to trial a "prosecutor shall refrain from making extrajudicial comments that pose a serious and imminent threat of heightening public condemnation of the accused."

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  • EvelynJuly 25, 2013 - 9:09 pm

    THIS just in.

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  • EvelynJuly 25, 2013 - 9:15 pm

    C.O.V.A.C.

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  • FranJuly 25, 2013 - 9:20 pm

    RJ " But it is creepy and it does scare people." <----- I was referring to the person taking your pic as creepy...and scary for your wife.

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  • FranJuly 25, 2013 - 9:28 pm

    Evelyn...interesting link C.O.V.A.C. Vern Pierson CHARGES: Abuse of Office – 1. Fraudulently bringing Criminal Charges or Civil Suits against his personal and political enemies with the intention of using the County’s unlimited financial resources to ruin their reputations and destroy them financially. 2. Failing to Investigate or prosecute Crimes and Malfeasance of personal and political friends. 3. Coercing court cases by using the County’s unlimited financial resources to outspend innocent citizens to force honest people into accepting unjust plea deals and settlements. Illegitimate Salary and Pension Spiking - 1. Abusing the System intended to help retain valuable County employees with Civil Service status by taking an undeserved “longevity bonus”– this was never intended to apply to elected officials without term limits. And County Auditor-Controller Joe Harn--well his is too long--check out Evelyn s link. Interesting...will they also go to court? I have never met either one...

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  • FranJuly 25, 2013 - 9:32 pm

    http://www.covac.info/JC.html Interesting Committee of Vigilance Against Corruption

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  • 1036-FrankJuly 26, 2013 - 10:05 am

    Another smoke-screen defense web-site is created to conceal their and their associates actions and their desperation to hold lost imagined empires of corruption and political power. The arrests and convictions of this "gang of fools" is what people should focus on. This gang thinks the law is for others to follow and when caught, attack the DA and law enf. or invent a vast conspiracy of others, their personal actions must be hidden at all costs, and by doing that they think simple minded people can be fooled all of the time, they never seem to realize when that time is over and the jail cell opens for them.

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  • Hit a nerve?July 26, 2013 - 10:49 am

    yup

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