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Nutting hearing called off

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From page A1 | June 14, 2013 | 21 Comments

A Thursday hearing for Ray Nutting was taken off the court calendar and now awaits reassignment.

Nutting was due to be arraigned by Judge Warren Stracener on Thursday morning, but the hearing was taken off the court calendar by Presiding Judge Suzanne Kingsbury, a court bailiff said Thursday morning. The case awaits reassignment by Kingsbury, possibly to a new courtroom. The case had originally been reassigned to Stracener’s courtroom after Judge Daniel B. Proud recused himself on Monday; it was reassigned by Assistant Presiding Judge James Wagoner as Kingsbury could not be reached at the time.

The supervisor is accused of filing false documents, perjury by failing to report income, not recusing himself from voting when he had a conflict of interest and receiving loans from other county employees or those contracted by the county.

Documents filed with the county Department of Agriculture and with Cal Fire could point to guilt, county Auditor-Controller Joe Harn said.

A May 26, 2009 invoice to, from and signed by Nutting for more than $27,000 was “bogus,” Harn said. On a Prop. 40 invoice for a Cal Fire Grant to the Sierra Coordinated resources Management Council, of the nearly $30,000 the project was said to cost, the listed amount for his own labor was $0.

The same invoice also has “Follow up herbicides” on April 15, 2009, the cutoff date for having work completed in order to qualify for the grant, as stated in an amended agreement. But, in a report made to the Agriculture Department, the herbicide spraying was not done until May 26, 27 and 28 — with a map showing the same area sprayed as the area to be covered for the grant. Nutting also obtained a burn permit to burn piles meant to be burned by April 15 for between May 8 and 15.

“I’d be surprised if this wasn’t found to be a false claim,” Harn said of the Prop. 40 grant invoice. “It looks to me to be a false claim.”

On the matter of the illegal loans for his bail, Chuck Holland — the only person Nutting is not alleged to have actually received a loan from — told the supervisor that he could not give him a loan, as he had a contract with the county.

However, as a bail bondsman, he could legally give him bail — which, with a retained attorney, would be 8 percent of the total bail, or about $4,200, Holland said. This money would be non-refundable. But, Nutting wanted to pay cash, rather than going through a bail bondsman, as the money could be refunded, but had to be paid in full. He noted that Nutting was in a hurry to obtain the cash; he was to be arrested that day.

As of Thursday at noon, Kingsbury had not yet reassigned the case.

 

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Discussion | 21 comments

  • Ty RobbenJune 14, 2013 - 10:42 am

    I heard every Judge in El Dorado was disqualified and/recused from the Nutting case!

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  • Whitehall65June 14, 2013 - 2:22 pm

    Wouldn't surprise me if this trail is moved to Sacramento County; just like EDC Supervisor Mike Visman in 1986. Too many EDC politicos and established("in-bread") EDC families involved with this legal mess.

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  • Mt Democrat failed at censorship attemptJune 14, 2013 - 2:34 pm

    Wow, so many citizens in EDC exposing irrefutable corruption, looks like MT democrat tried to hack their own comment form, but gave up! Too funny!

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  • Why doesn' t EDC citizens really want to end all corruption?June 14, 2013 - 2:49 pm

    LINK - END CORRUPTION

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  • Crooked as the day is longJune 14, 2013 - 3:40 pm

    Swift justice? I think not! Get this case moved and get on with it!

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  • Here Here R SmithJune 14, 2013 - 7:47 pm

    I'm touched by your humanity! I'm encouraged. Thanks for speaking out like this. Very sociologically poetic. Your statement, "No person should be above the law" is a common understanding, What isn't common is the 11th amendment and its seemingly strange phenomenon to be able to remain hidden in darkness, as I've never me anyone who knows it purpose. I've studied the origins and every in and out of this "pernicious" doctrine. LINK - The law that makes officials above the law" I am shocked that a law that grants immunity for corruption by government officials is rarely associated with a possible cause of corruption, in that culling of the corrupt has been "deterred." But the silver lining exists, that ending laws that give immunity to public officials for crime and torts that private citizens are punished for, is at our hand and would substantially end and put fear in the hearts of the criminals who seek public office, just for that holy grail inherited to protect the very worst public officials. What we are witnessing in El Dorado County, are very evil men, James Wagoner, Vern Pierson, others, who, if this was Germany 1945, they would be the types that would personally put a bullet in the head of any conscientious objector. Yes they are subdued and their sadism is more civilized than Nazi's of WWII era, but let the RECORD REFLECT, Wagoner is a Judge who is guilty of obstruction of justice, numerous crimes, google cjp and wagoner, And Vern Pierson is using this judge in "CONFLICT OF INTEREST," not only this Judicial Cannon violation, but racketeering in violation of federal and state Statutes. We see them do this, openly, and the RECORD DOES REFLECT, yet even though we are USA and Americans, we are weak and our humanity is stomped into the ground in the most devious way. Our Federal Agents, unlike those in Orange County who imprisoned their Elected Sheriff Mike Caron, have tossed good and just people, whose only offense is legal under the Constitution to use the chain of command to "redress grievances," only to find all chain has been infiltrated by unjust criminals who obstruct justice in every way

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  • Phil VeerkampJune 14, 2013 - 5:07 pm

    looks like MD web dudes inserted a script to clean up HTML tags

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  • sunshineJune 14, 2013 - 5:34 pm

    Who is Joe Harn and what is Joe Harn? Harn is being quoted as "could be" and "I think this is bogus". Since when is Harn the authority? Harn needs to stick to his over-paid job and let his buddy Vern Pierson do his job. Harn has his marching orders from Angelo T., in Sacramento, and he's still marching. Harn needs to go back to his office, and I don't mean Durango's, and continue to sexually harass his staff. We don't need his opinions. He also needs to stop soliciting the Board of Supervisors for his friends in business in ED Hills on lowering their Transportation Impact Fees, I don't think this is in his job description. Joe seems to think his job is all encompassing and he is the "sixth" Supervisor.

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  • R SmithJune 14, 2013 - 7:12 pm

    Once again the comments of the auditor echo through the halls of vengeance, tamped down by the absence of any mention of conflict of interest. “Conflict of interest” was the cornerstone of the auditor’s erogenous media theatrics. A sideshow now continues on, fueled by low-hanging criminal counts. From any distance this is recognizable as self-righteous piling on. At the bottom of this pile is a human and his family. What is not so recognizable is the fact that the human on the bottom has served the citizens of this county far in excess of the whole righteous pile. No person should be above the law, however, when ever-expanding laws are used as a political stepping-stone, intimidation and a vengeance weapon, the legal bar lowers to the point that life beneath the bar becomes problematic. Anyone who offends those who have access to the keepers of the law, become easy targets. The very essence of “conflict of interest” manifests itself when the county auditor is also responsible for and handles the finances of the county? This provides superb example of the “fox guarding the henhouse”. The question becomes, how did this conflict come to be? Is this why the powers that be or have been, pushed this county to become a charter county?

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  • MorrisJune 14, 2013 - 8:40 pm

    Am I correct in the impression that prior to these current legal issues The Mountain Democrat always referred to 'Nutting' as 'Supervisor Nutting'??? Anyone else catch the subtle change in tone? No matter our personal feelings of innocence or guilt, like or dislike, etc.... Ray Nutting remains Supervisor Nutting and is presumed innocent until proven guilty. Et tu, Espo?

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  • 1036-FrankJune 14, 2013 - 9:23 pm

    Pack the circus tent and popcorn machines for use elsewhere. What is important is that other Supervisors stepped down and resigned when charged with serious crime, this is the respectful thing to do and it is now way overdue. This current circus of not resigning is a first for the county and it creates more drama and expense for the people. There have been a number of reporters covering this and all of the reporting varies, none of it has been extensive, there is a lot more to report that hasn't been, starting with the multiple illegal out of control fires and the reports that go with them, then the failure to disclose income source forms and the self- corrected after the fact forms, then to the BOS votes then to the county employee time-line cash bail story. Not sure why the Auditor is quoted guessing what is or isn't legal in this story as it is the DA and state AG that are prosecuting this case and have the law degrees.

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  • subtltiesJune 14, 2013 - 10:24 pm

    Yes the subtle engineering of rheotoric to creat band wagom fallacy is obvious. If he was reall bad they'd throw in his middle name! Any Body know what Wagoners or Piersons middle name is?

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  • The insane running the asylumJune 14, 2013 - 10:44 pm

    But you are not taking into account the order of magnitude as to what is exponentially more corrupt. For instance, the record reflects that Judge Wagoner is guilty of several counts of obstructing justice. Now this is really scary. On one hand you got a guy padding his pockets with welfare for the rich, land stamps, if you will. On the other hand, you got a Judge hearing cases where every one in criminal court has a conflict of interest with Vern Pierson, who could charge the judge with obstruction of a grand jury and obstruction of justice. These are felonies, and these racketeering felonies would allow Vern Pierson to do what Ray Nutting is accused of, but without anybody able to investigate him. Mike Carona in Orange County only "attempted" to obstruct a grand jury and that put him in prison for 5.5 years. According to the California State Counsel on Judicial Performance, Judge James Wagoner did not attempt to obstruct a grand jury, he actually did it! Undaunted, a few years later Wagoner was caught again by the counsel and found guilty of obstruction of justice. All party's were critics of Vern Pierson. What if Ray Nutting was a critic of Vern Pierson? In Amador county a man sued Vern Pierson because when witnesses testified the man was assaulted and was said will be murdered, Vern Pierson turned a blind eye allowing the murder, ending his lawsuit. In El Dorado county, Vern Pierson let go free a man on a 1/4 million dollar bail to stalk, threaten to murder, assault, $5000.00 of vandalism to the property, all witnessed, or video taped and Vern Pierson turned a blind eye, allowing their murder to end the suit they filed against him. Even though all this happened and is verifiable on the record, it is ignored, and a bandwagon of citizens prove that they don't min corruption, but just don't want Ray Nutting or Dave Michado to make money on permit schemes. One is petty, and the other is very serious. The serious corruption is what our nation is facing and is destroying it. So why turn a blind eye to corruption? Just because Vern is arresting or intimidating witnesses against him by abusing his power under the color of law, how can you justify this behavior? How can you justify a judge who is fixing cases for Vern Pierson. Right now, like him or not, Vern and Wagoner have Dan Dellinger in a civil trial, guess who will lose, regardless of the facts? Dellinger manages campaigns, and I take it they may be against Vern Pierson. As serious as all this corruption is, the comedy are the electorate who are being manipulated into supporting more severe corruption.

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  • The insane running the asylumJune 14, 2013 - 10:54 pm

    clarification, the el dorado couple threatened by Vern Pierson's released jail thug were not murdere, but threats were evident, and more than a dozen restraining order violations where ignored. The couple moved from the county so they wouldn't end up like the amador man murdered by Kenneth Zimmerman, a retired sheriff, now serving life in prison. But this act ended the suit against pierson. This type of murder by proxy, has been used for centuries. Perhaps the most familiar is King David whem he sent Bathsheba's husband to be murdered at war, to cover up their adultress affair. More recently and in the Ninth Cir appellate courts, Sheriff MIke Ihde used these elements, "arbitrary denial of police services, a 14th amendment violatio, as the murder weapon to silence complaining crime vicdtims." This is willful murder that officials have been found doing, and Vern Pierson is a master hitman in this regard! I know some of you think this writing is bizarre or over the top, but the record of these acts are in court proceedings and did happen! Everything is verfiably true.

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  • TontoJune 15, 2013 - 8:32 am

    How anyone can blame Kingsbury, the smartest thing to do was to let the AG handle this and take away those who would like to tant the case and excuse what ray has done. Good job, all we hope is justice is swift.

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  • AG Ha!June 15, 2013 - 9:22 am

    The AG has a policy that they will not get involved in local matters until the chain of command is exhausted. However, this seems to have been done with Ray very quickly, unprecedented record breaking speed. When Brown was AG, he was sued to look into shenanigans that Ray Nutting, a co defendant was covering up by barring representation of legislators, the main cause for the Revolution, (Dec. of Ind.). These acts alone violate the foundation of freedom, but then El Dorado County officials have aligned themselves, even the Attorney General, with allies who will not muddle with their policy, even if it isn't cogent, or sound. However, "sovereign immunity," which only applies for states and federal government, has now been given to El Dorado County, not by US law, but by state and federal ignoring the Constitution, giving a pass to our most high corrupt, people like Wagoner and Pierson, see Bogan v. Scott-Harris, 523 US 44 - 1998: "Moreover, certain deterrents to legislative abuse may be greater at the local level than at other levels of government. Municipalities themselves can be held liable for constitutional violations, whereas States and the Federal Government are often protected by sovereign immunity. Lake Country Estates, supra, at 405, n. 29, 99 S.Ct., at 1179 (citing Monell v. New York City Dept. of Social Servs., 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978)). " As we see, Pierson and Wagoner can continue their unholy inquisitions on all of their enemies, because they have been given, "sovereign immunity" only reserved for state and federal corrupt officials. That's the beauty that lies within the stench of government corruption and makes officials positions attractive to those with larceny in their hearts. Regardless, and back to the point, the A.G., has evidence that they have aligned in prior years to protect Vern Pierson. So this may look like a good thing for Nutting, I think that at the least, the corrupt accusing alleged corrupt, simply want Nutting to resign and all would probably be well for Nutting who would just get a slap on the wrist. Now that the state is involved, how is it going to look for Browns gal, A. G. Harris for granting light sentences to Nutting, if he is guilty. Hopefully, I am wrong, and the A.G. is growing tired of those like Wagoner and Pierson who are dangerously out of control, no longer hiding corrupt acts, like Wagoner found guilty for corruption from the bench, which now shows he is a serial offender with repeated guilty verdicts by the w cubed cjp ca gov. The pattern of unlawful conduct shows that all of Vern Pierson's behavior of corruption are centered around critics, those suing him, or campaign companies that fund candidates that use legal democracy to unseat Vern Pierson. Please, Citizens, DOJ, FBI, stop turning a blind eye! These people are replaceable and they are making all of you stink up this nation like a cesspool with your code of silence!

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  • TontoJune 16, 2013 - 6:37 am

    The point of Ray going to the AG being a good thing is that Ray has no way of knowing or changing the outcome without the citizens watching. The other plus is that a different pool of jurors will be sought and not from the friend pool. So as we watch we will see that Justice will prevail and we will be rid of the likes of Ray and his associates. The attempts to make this about Pierson/Wagoner is just another smoke screen attempt to divert attention to the real crook.

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  • Change Blindness is typically funny, this is sad and telling of how local humanity has degraded to that from history of Racism, Nazism, McCarthyism, EDC you have arrived!June 16, 2013 - 8:38 am

    But what is obscene, Tonto, is the fact we residents know, not from the criminal point of view, but from victims of those friends whose mid life crisis, or whatever, causes them to go off the deep end and maybe commit a crime out of character. Officials can step in and "fix" things. But in crime, it violates crime victims bill of rights, and makes the persons who turned in "friends of the court" without knowing the retaliation that will come from it. Whether it is violent or white collar crime, we know as citizens from actually witnessing the trials, that as you state, "Jurors will be sought and not from FRIEND POOL [emphasis added]." Also what is obscene, is that viewing this from retrospect and in an objective manner, "Pierson/Wagoner," somehow you equivocate as a "smoke screen," I don't understand that premise at all. These facts surrounding corruption have elements and the elements form patterns identified through emergence phenomenon. Its like physics, there are properties that cannot be violated naturally without human intervention through fraud. We know that is the job of a crafty lawyer, or publicist in the press, which seems to be the management of local press. One of the elements is to make the emergence phenomena appear not as it really is to the juror and electorate, if the evidence is only circumstantial. In a corrupt system, Jurors need to be picked from the most ignorant or corrupt, "friends" as you say. Perjury can overcome innocence also. Some see DNA as a blessing, while others realize planting DNA can get you executed. In fact, Thompson v. Connick US says that if prosecutors plant DNA and frame you for capitol murder and you are executed, they are "absolutely immune" under "sovereign immunity." Learn what a "sovereign" really is from the common law basis, Blackstone Commentary 1769, and be appalled. So as you say, it is done easier with friendly jurors or worse, grand jurors. Something is seriously wrong with the people, not just in El Dorado county, but close surrounding jurisdictions. Its as if they have become overcome with lack of empathy and logical judgment. This is associated with the fall of the Roman Empire. Some attribute it to lead poisoning which was in their water supplies. Orang County doesn't seem to have this sickness. You see Nutting, accused of crime, and I think you want to see him punished. I do also, if he is guilty, Nutting tossed me under the boss as a crime victim of violence and vandalism, committed by someone who claimed favor with Pierson, who would "fix his felonies..." So I have no sympathy for Nutting, although, to have him or anyone in El Dorado County face Pierson and Wagoner or others who turn a blind eye to their relationship, a judge escaping felony charges, by Vern Pierson who now has a judge in his pocket is horrifying. These guys can sentence people to death, and the Judicial Counsel found Wagoner guilty of several felonies, and Pierson does not prosecute him, he works "deals" with him to favor his agenda. This is against Judicial Canon regarding bias, conflict of interest, and moral turpitude. Wagoner/Pierson's relationship is THE EPITOME OF CORRUPTION. Please, not permit violations or benefit fraud, getting money on false pretenses! They are not even close in comparison to the damage upon society! Looking back on history, we see this type of unexplainable emergence phenomenon over take the minds of what are typically decent human beings. But decency is only their self perception, and reality shocks them after the carnage, when they all realize, but to late. Centuries later, we have explanations, but as you see, this blindness to the magnitude of human suffering is always overshadowed by personal schadenfreud, without merit to reality. Your associating a "smoke screen" reveals that you only want to take joy in Ray Nuttings demise, and not cure corruption! This is wrong thinking, albeit very popular, as it was in Germany, and other totalitarian regimes. El Dorado County is a miniscule petri dish of corruption mimicking elements leading up to carnage, albeit on a smaller scale. The Jews, the African Slaves, the Inquisitions opposing dogma, High Society stood by while the real evil appeased these citizens by punishing permit violators, or those who merely objected to being mistreated by abuse of power under the color of law or God. So, you may think this is melodrama to associate the blindness of one county with the acute awareness of another for the same thing. That is Elected Sheriff Mike Carona in Orange County California, ONLY "ATTEMPTED" to obstruct justice and received a 5.5 year prison sentence for molesting the rights of California United States of America Citizens by "OBSTRUCTING A GRAND JURY." But in El Dorado County, (The Same State), the State Judicial Counsel, the highest authority over the Supreme Court, found James Wagoner, did not attempt but DID according to evidence, "OBSTRUCT A GRAND JURY." So in El Dorado County, a violation of the 14th amendment destroys the rights of every person who needs the courts, crime victims, accused criminals, and civil tort parties. All are subjected the arbitrary violations of rights by Constituent molesters Vern Pierson and James Wagoner, yet you say, this is a "smoke screen." I don't get it? Is the Judicial Counsel blowing the smoke? Who is blowing the smoke? That would be like arguing during the trial of Claus von Stauffenberg, who blew up Hitler unsuccessfully, stating that if others complained about Nazis mass murder of Jews should be the focus, it is a "smoke screen!" So you see, the emergence phenomenon boggles very talented minds caught up in emotion or selfishness, or whatever it is. It took centuries to explain gravity. It is taking longer to explain why the real corrupt can blind their followers to ignore reality and logic. So a Judge Bailey, trumps Wagoner, by banishing the Grand Jury, not justice 100% is obstructed and transparancy, albeit in the past is corrupt by hiding everything. As if the Judge couldn't find anybody in El Dorado County to sit on the Grand Jury. Well they are looking for shills, henchmen and women! Bailey has exceeding all the "obstructing of grand juries." Yet again, you may say this is a "smoke screen." Well the explanation is there, its the willful ignoring of reality. It creates horror in the lives of those who object to abuse of power. We have identified James Wagoner as a felon by the State of California, but in El Dorado County, unlawful sanctuary is given for the official Quasimodo's which usurps rights allowed, and the people want to focus on white color crime that will not affect them in a measurable way, spread out per tax payer. Those who abuse power actually are constituent molesters molesting the constitutional rights of citizens. We would never put known child molesters in positions of authority over children. Yet some human brains are deficient in noticing the conundrum. I think the deficiency is not permanent, but some social disease and here is the inoculation! So please don't drink, sleep or drive until you feel healing! Bless you, join the Human Race of those who want true freedom and respect all rights, not just favored politicians! Thank you!

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  • Wow Change blindness is correct! OMG!June 16, 2013 - 11:33 am

    "Scolding and a stiff sentence for Carona" Mike Carona's fall from "America's Sheriff" to convicted felon reached bottom Monday as a federal judge gave Orange County's former top law enforcement officer a half-hour lecture about honesty before sentencing him to 5 1/2 years in prison for attempting to obstruct a grand jury investigation. . LINK - LA TIMES" So can anybody explain how El Dorado County has become a Mecca for allowing corruption to be directed from the State of Californi Superio Court in El Dorado County? Who is responsible? I googled James Wagoner and the cjp guilty findings for "abstruction of a grand jury investigation in 2009" are on a state web site! OMG! And nobdoy sees this! Unreal!

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  • Imagine the possibilities.June 16, 2013 - 11:35 am

    If was were all treated equal then criminals from the judicial bench, couldn't use perverted corruption to illegally deny our rights.

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  • Jack MehofJune 16, 2013 - 7:02 pm

    Wow. Is anyone surprised with the GOOD OL BOY Network in EDC..

    Reply | Report abusive comment
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