Eye On Modesto

Thoughts and observations about Modesto and Stanislaus County

Archive for the tag “Birgit Fladager”

When Thursday is the New Friday

By Emerson Drake  ladyjustice

When politicians and public relations consultants have bad news that has to be delivered for public consumption they try to do it on Friday afternoons. It’s referred to as the Friday news dump.  It’s used to avoid the media scrutiny that would accompany any release during the rest of the week.

 

You see newspaper people like to have weekends off just like the rest of us.  So the majority of the Saturday and Sunday editions of the paper are pre-written and much of it already printed.  They leave a small space for sports but that’s about it.  And with their staffing cuts many times reaching someone on the weekend  in the newsroom is impossible.

 

For the most part for courts in the  judicial system Friday is a day to sort out legal and side issues with the attorneys so juries get to stay home.  So any news will come out on Thursday and what better day to release a bombshell like the Frank Carson revelations of forgotten files than the day before Christmas Eve.  The Chief Deputy District Attorney Marlisa Ferreira, after delivering the bombshell of newly found files, had her car brought around to the back of the building and snuck out the back door, all of the time refusing to questions.  And of course where was District Attorney Birgit Fladager?  Conveniently out of town traveling with family, incommunicado. Couldn’t plan that any better.

 

The District Attorney’s conduct in this case, in our opinion, was reprehensible at best and vindictive, personal and almost criminal at worst.

 

One of the important questions remaining is will local mainstream media Public Relations Powerhouse, the Modesto Bee, call her out on her heinous behavior and run a series of articles ON A TIMELY BASIS (soon and often) or will they support this petty vindictive politician that is apparently using her office for personal payback.  Another example is if they backed a politician for office than you won’t see many follow-up negative stories.  But if you ran against one of their ‘favorites,’  and that’s a lengthy list,  then God help you because the Bee’s version of ‘scorched earth’ would make General Sherman jealous.

 

Bee history suggests they will run a positive article after they run a negative one for politicians and organizations they supported to gain ofice.  If they run an article showing the dark side of a few Sheriff’s deputies they’ll run a feel good article showing deputies interacting with children (not picking on deputies just using an example you’ll recognize.

 

So expect the Bee to allow the behavior of Birgit Fladager and her office to fall by the wayside.  They want to shape the narrative and decide which stories you’ll remember and which you’ll forget.  There goes that institutional memory thing I talk about again.

 

 

 

 

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Birgit Fladager – Guilty of Malfeasance?

By Emerson Drake  birgitfladager
December isn’t a good month for District Attorney. Birgit Fladager. On December 10, 2014, A.J. Pontillo was found innocent of all charges. During the trial Birgit was caught withholding exculpatory evidence that showed he was innocent.  Yes she KNEW he was innocent but hid the evidence from the court.
Now in the Frank Carson case one of her Deputy D.A.’s had to admit they hadn’t delivered all of the discovery evidence they should have. First Birgit is papering judges (punitive judge shopping) that don’t give her the rulings she wants, then her trumped up charges against A.J. go by the wayside and now she’s been caught again with her hand in the cookie jar.  Where is she now? She’s hiding out of town with family, unwilling to face the camera’s and explain why her office is incompetent and vindictive.
Here is his quote: Deputy District Attorney John Goold, spokesman for the DA’s Office, issued a statement Thursday afternoon that read in part: “While auditing discovery in this case, one of our investigators located some audio recordings that may or may not have been provided within the previous 1,000 disks discovered to the defense. There was no time to confirm whether these recordings had been previously disclosed or not. Out of an abundance of caution, we raised that concern with the court this morning and copies were provided to defense counsel.
Yesterday the judge released Frank on his own recognizance.
It’s becoming more readily apparent that Birgit Fladager is out of control and is using her office to punish her “enemies”. After all Frank ran against her for office. We think we elected the wrong person to be D.A.

Birgit Fladager’s Response to a Public Record Request

By Emerson Drake  ladyjustice

On May 6, 2014 we attended the Stanislaus County Board of Supervisors (BoS) meeting and witnessed a strange occurrence during the public comment portion.  Modest’s former Mayor  Carmen Sabatino had just finished making some interesting points regarding the D.A.’s office and investigators.  In recent weeks he has been vocal in his objections regarding the DA.’s 25 wire taps and the ensuing 25,000 intercepts in 2012 and the expense involved.  Most of his time this week was involving an interrogation  in Turlock of a 13 year old girl and alleged misconduct by two D.A. investigators Kurt Bunch and Steve Jacobs. these can be heard at 9:30 seconds into the meeting.  Sixteen minutes into the meeting Birgit Fladager interrupts the meeting by rushing the podium out of turn to attack Carmen  Sabatino and her opponent Frank Carson.

Mayor Sabatino’s earlier allegations and Birgit Fladager’s out of control behavior  involving the wire taps and her investigators  intrigued us.

Recently we made three Public Record Requests from District Attorney  Birgit Fladager.

We requested the number of requests by year 2011, 2012, 2013.  We requested any documents regarding which agencies made the wire tap requests.  And finally we requested documents which would indicate if any of her investigators were working for the agencies when the requests were made. We also made it very clear we weren’t interested interfering with any investigations just who made the requests.

Here is the official response from the D.A.’s office.

Mr. Drake,

I am informed that the District Attorney's office has no documents
containing the information you described in your May 12 request.  The
records containing the information you seek are court records that are
in each case sealed by order of the judge.

Ms. Fladager has informed me that she happens to know herself that in
2012 there were 4 intercepts by MPD on homicide cases that resulted in
arrests in 3 of those cases (the fourth involved the deaths of Deputy
Paris and Glendon Engert and the suspect committed suicide); there were
two intercepts by the Stanislaus Drug Enforcement Agency that resulted
in arrests (one case was prosecuted federally and the other case by
Merced County); and there was an intercept on a Sheriff's Office
homicide case that has resulted in one arrest.

If you have additional questions please let me know.



Thomas E. Boze
Deputy County Counsel
Stanislaus County Counsel
1010 Tenth Street, Suite 6400
Modesto, California 95354-0882

 

Now I don’t know about you, but for the District Attorney to claim she has not ONE single piece of paper tracking over 25 wire tape requests she made in 2012 alone, we find to be not only extremely questionable, but likely disingenuous in the context of her upcoming reelection bid, especially if you take into consideration how few wire tape requests (3 – 5) other counties have made.  According to her she doesn’t have the ability to show how many requests were made in any single year.  Is this any way to run an office?  Or is it just another way to hide from the public excesses by government agencies and/or potentially corrupt individuals with the help of her office?

 

Birgit Fladager Turns Her Back on Elder Abuse Cases

By Emerson Drake stopelderabuse

We were sent an email questioning Birgit Fladager’s refusal to address and lack of involvement in alleged  elder abuse cases where court appointed conservators are involved.  People have been denied the right to even contact their family members and Birgit turns a blind eye to complaints that bank accounts have been drained and property sold off without consulting the families.  Here is the email we received detailing many questionable actions by Court appointed conservators:

Perhaps the citizens of Modesto, California, should also check out and investigate most of the many, many years, of the Conservatorships, Trusts, Special Needs etc., in the Family Law / Probate Dept. and all through the District Attorney Birdit Fladager. We as family and many other families in these many years have filed complaints, concerning our loved ones and the Estates, being cleaned out, injustices happening and ongoing. There is a ” Web of Corruption ” and it filtered down, in the different departments, of the very persons, that are suppose to protect the elderly and to insure that all of the Constitutional / Conservatee’s Rights , are protected. Especially, the lives . This,,,, they do not do.

We have written to, filed many complaints and of course, ALL has been ignored, lost, hidden and in truth, ignored, even though as per Calif. Rules of Court, they must file, they sometimes will not ! Although all documents were sent by the USPO and certified, the Family Law / Probate Dept. , will still ignore, the complaints and pleas , from the many, many, victims and the families. Even D. A. Birdit Fladager, recieved a complaint and we did get a response from her, pretty much treating us as ” dummies ” and telling us that ” we do not know the laws etc., “. She actually, was very unprofessional and through her snippy remarks, we made sure, that we learned the laws , to one day, go before her and use them back to her, as she told us. She since this time, has NOT done one thing, to protect the elderly, the victims, nor the families. etc. Only, since her inappropriate letter to us, we ” DID learn the laws, our rights and we have filed so many documents of complaints etc., , knowing that they would continue to ignore us and to ” further, with proof, we will file the largest Class- Action, against Stanislaus County, that they have ever been witnesses too and named “. This will also, include, ” Wrongful Deaths and unbelievable abuse etc. “, Moral Terpitude, Defamation of Character, Slander, Denial of Constitutional / Conservatee’s Rights etc., and through Willful, Malicious Intent etc.,

If you are all interested in some of this, then go into the Case Index Files (www.stanct.org , the click into the case files , or put in the persons names ) and pull up all of the cases, concerning the Mother / daughter team of Conservators, Trustee’s , Guardians etc., named M. Terry Campbell #230 ( actually an invalid, cited 2- times and fined , since 10-31-2011 , through the Calif. Professional Fiduciary Board ) and Laurie Jean Jamison # 376 . They have cases together and separately and still many OPEN. You can believe us, when we say that , no matter what these 2 women do, including putting the property, accounts, over billing, triple billings, Estrinsic Fraud, Perjury , Embezzlment, Real Estate Fraud , Estrinsic Fraud etc. , allowing abuse and just plain ” committing perjury and lies to the courts “, they will always, be ruled for and the families are denied, even the rights to have a Telephonic Hearing, to tell the Judge the truth. We can assure you, that we can provide years of files cabinets, from many families to prove of these injustices, abuse and deaths in the control and hands of these women. For MANY YEARS and ” no one will try to stop the, from any Stanislaus Co. Fam. / Pro. Dept.!

WHY ? Well, we know why now and it is not hard to figure out. It took many families, all over the country, that have been destoryed, lost loved ones and had their estates completely cleaned out, to ALL contact each other, put the stories, cases and the unmistakeable PATTERNS together, to know the names, the dept., and the corrupt practices.

Perhpas, they do get away with it, as the M. Terry Campbell # 230, actually did work for the Stanislaus Co. Family Law Department and for over 20 – years . M. T. Campbell, has entered into the complaints on her, that she ” worked as a Probate Examiner, a Court Investigator and a Paralegal in these 20 to 30 years and for the Stan. Co. “. , before she retired, with the City Benefits, in 03 – 2003 .

Meaning, that since her and her daughter and business partner, the Laurie Jean Jamison , are really only 2 of a FEW , Conservators , ETC, that must be ” licensed in the Stan. Co., and the surrounding area, they are the ones, to be ” Court Appointed, with the Court Investigators Managers approvals etc., for most cases. You see, the are all ex-working assoiciates and ” friends too even in the FB. sites “. Meaning, that it is like the ” good old boys club “, but here, it is ALL women. !! Believe us, we have checked out, even the clubs, organizations , etc., that they all are in too. There is a ” Huge Pattern of Corruption ” and we will bring the truth out, as we are trying to save the dying vitims in their care. Also, what we have above, is perhaps a ” Conflict of Interest ” and all personnel, all city officials etc., do ignore all complaints and for MANY, YEARS !

WE, again, can and will prove, of the allegations above and concerning many, many families and victims, still ongoing.

So, if anyone out there, really wants to even save the animals, perhaps you should include our elderly, the Veterans, the Special Needs etc., in your plight and show just how that the District Attorney,the Stanislaus Co. Family Law / Probate etc. Courts, has allowed and participated in the corruption concerning so many Conservatorship / Trustee and Special Needs cases, of these 2 – protected and corrupt , unfeeling and abusive women, Laurie Jean Jamison P.F.L.# 376 and M. Terry Campbell , unlicensed # 230 .

Oh, by the way, by all state laws, a person has to be state licensed, through the Calif. Professional Fiduciary Board and especially if they have 2 – to 3 , OPEN AND ACTIVE CASES. Well they do have many, many open cases. Yet there is another so called Conservatee/ Trustee, that has NEVER, been licensed EVER ! Now the county, the Boards etc., have ALL been notified time and time again, that a woman from Merced, named Joanne Ringstrom, ( Jo anne etc. she spells it different, at different times ) is in the Stan. Case Index files too . She has and has had over 8- plus cases and they will never do a thing to her. If you check this out, she also has and has had with the M. Terry Campbell, many ” questionable open cases and for up to 20 years or more “. By the files to this date., they are still open too and actice. Yet, again, she has NEVEr had a license, since the state law went tinto effect, on 07-01-2008. Make no mistake, we do have the years too, of the printed out index files, the cases, the hearings, the petitions etc., so that ALL of our allegations here, can and will be proven . ( Just in case anyone from the courts do read this and perhaps may want to ” alter and fabricate the files, as sometimes this has happened “. We can prove too, if this is done.

This too, falls into the District Attorney’s lap, as it it their department too.

So, since the District Attorney, Birgit Fladager, does not seem to ever care about the lives of the elderly, the Veterans and the Special Needs, then perhaps the public needs to be aware , ” that this corruption and injustices, abuses and deaths, can and will, one day, come into their own homes “. At any Family Probate/ Conservatorship, etc., hearing , this can effect the most vunerable and elderly. Please do not be ” blindsided “, as so many of us have been. Once you are in the Stan. Court system, you will have all rights and everything taken from you and your family, ” even your rights to ever tell the court the truth “. Even if it concerns family abuse etc., and you reach out to them for ” help ” . If this happens, then they will then know your name and you WILL, forever be in their clutches. Yes, this is a pattern too, that for years, we have put together. At the top of this too, is the Court Investigator Manager and she approves of and is friends with the 2 crooked Cons. above. Start there ,,,.

Perhaps, you may want to advertise, to ask other families, if they have ever had a horrible and bad experience, from the Stanislaus Family / Probate Law Dept.’s ? Give the names of the 2- Conservators to the public. It is legal . You would be shocked, at the victims, that will come forward. We are out of Calif. right now, 2,500 miles away, yet please know, we are many, including families still right there.

One case right now, has been in the webs etc. and this case will break the others wide open and for the huge Class Actions. Google the name June Guinn Missing. / June Guinn Found . The family finally found their Mother June Guinn on 06-10-2013 and after 5 plus years of being denied to even know if June Guinn was alive. NOT, by any court order !!! It was the cruel and inhumane decision, of the Laurie Jean Jamison, M. Terry Campbell and the Sheila Guinn, that actually, had June , in her care 24 hours a day, illegally and for years. They have tried to blame other family members for things and this too, is lies and falls under the Rico Statues, still within the timely manners. Also, they have had June Guinn, since 04-04-2008. Meaning that ALL of the ABUSE, has happened , AFTER 04-04-2008 . They do try to blame others and before this date. Make no mistake, these are slanderous remarks and through perjury, lies of theirs.

Now, if you pull the sites up, just know, that what we have all uncovered and have the medical reports to prove, June Guinn has had MANY near deaths,. in their care and ALL after 04-04-2008 ! June has had a broken leg, where she layed for 2- days, before they took her to the hospital for medical attention, ( it was also called an Open Fracture of the Fibula / Tibia left leg bone ), she has had a broken right arm, broken right hand, all withering and nerve damage, due to NO medical care, kidney failure, due to a kidney injury etc., taken off of 11 – ” unneeded medications, numerous blood transfusion etc., etc., etc., All in the care of them, all as June Guinn is and has been BEDRIDDEN. Yet at each near death emergency, they lie to the Doctors, then June Guinn is sent back to the private home, @ 1726 Lauralee Court, Modesto, Calif. and into the hidden and locked away, hands and control of Sheila Guinn and Laurie Jamison. No one in that city or county, will ever give the love, protection and the care, to June Guinn . No one can get past the front door, for an immediate Welfare Check, to save June Guinn’s life.

Again, we are not saying anything illegal, as we can and will prove, of ALL allegations, medical reports, lies to the doctors etc.

So, as you can see, the City and County, do not care about the lives of our elderly, vulnerbale, Veterans and Special Needs, old and young,,,,, so no wonder, they would not ever care about the animals care and neglect either. It is a circle/ web of corruption and they all cover each others backs, in all that they do.

So, since you are there and it seems that you have had almost enough, maybe you want to investigate our allegations and the truth here. Perhaps, show how the issues are so much alike, in a few ways. It can only help Modesto.

We will get Modesto, Californai, back into the Nationwide Media outlets and not for anything good that they have done. How sad. Modesto, only has, the horrible things told about and because, only horrible things can happen there. How sad.

Thank you. Stop Family Court Corruption

Another voice has spoken out. Courtesy of http://www.theexaminer.com

Elder abuse of June Guinn by Modesto, California conservator

June Guinn has been hidden from her family since 2008. Family fears that June may no longer be alive.

Stanislaus County Court records (Case Number:387352) show June Guinn was placed under conservatorship on December 12, 2007. The court file lists professional fiduciary Laurie Jamisonas conservator. Family andfriends say Jamison has kept June hidden from her loved ones since April 2, 2008.

California’s Notice of Conservatee’s Rights states that a conservatee retains the right to “receive visits from family and friends.” California’s Handbook for Conservators further instructs:

When a person becomes a conservatee, he or she does not lose the right to visit with friends or family. … Do not isolate the conservatee by keeping friends or family away.

California’s Welfare and Institutions Code § 15610.07(a) defines isolation as elder abuse.

Physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain ormental suffering.

This Examiner contacted Jamison for an interview and welfare check with June Guinn. Jamison refused and said, “That would be a HIPPA violation.”

The U.S. Department of Health and Human Services specifies that HIPPA covers only medical information. HIPPA does not apply to an individual’s location or general condition.

Professional fiduciary Jamison is committing elder abuse in unlawfully isolating June from her family and friends. As well as being a crime under Penal Code 368, elder abuse by a professional fiduciary is a licensing violation named in the Business and Professions Code 6584(d):

Fraud, dishonesty, corruption, willful violation of duty, gross negligence or incompetence in practice, or unprofessional conduct in, or related to, the practice of a professional fiduciary.

Advocates filed a complaint with the Professional Fiduciaries Board on June 9, 2013.

Thursday’s Debate for Sheriff and District Attorney

By EOM Contributorcountymontage

Last night (April 24th) was the first public debate between the candidates for Sheriff (incumbent Adam Christiansen and Deputy Tom Letras) and District Attorney (incumbent Birgit Fladagher and attorney Frank Carson).  I attended the debate as did approximately 80 other people.  First, it was nice to see that the sheriff did not wear his uniform while campaigning, as he was reprimanded by the Civil Grand Jury four years ago for violating California Government Code 3206.  This reprimand came as a result of a citizen filing a complaint.

The candidates were each allowed an opening statement, then responded to questions from the audience and ended with a closing statement.  The debate was moderated by Steve Madison (Chamber of Commerce and head of StanCo which oversees the county’s investments in housing) and Sandra Lucas, a Republican’s Democrat.

The first question asked by the audience was “the Sheriff’s Department has been hit with many lawsuits over the last several years.  What would each of you do to prevent future lawsuits?”

Sheriff Christianson claimed to have “won all the lawsuits.”   Deputy Letras contradicted this by saying that the Sheriff had just lied to the audience.  He believes there is a difference between winning a lawsuit in court and settling to avoid going to court.  He does  not consider it a “win” when the county pays hundreds of thousands of dollars in settlements.

Deputy Letras believes that open communication with employees can both improve morale and lesson the likelihood of lawsuits (50% of the lawsuits have been filed by employees).  He believes the sheriff needs to have an open door policy and be willing to meet with and discuss employee concerns and that by doing so problems can be solved before they become legal issues.  He indicated that the sheriff does not have good relationships with his subordinates and that is what leads to lawsuits and a high turnover in the department.

Sheriff Christiansen claims to have an open door policy and blames the rash of lawsuits on the fact that we live in a litigious world.  He believes that it doesn’t matter who the sheriff is, lawsuits will be filed.  He said that some of the employee lawsuits were “frivolous” and were filed because he was attempting to make employees be accountable.

The lawsuits have ranged from sexual harassment (a new female employee being pressured to attend an after work party at a strip club in order to “bond” with her co-workers), to racial prejudice, discrimination against injured workers, deputy brutality and the deaths of several people in custody.

Forty-one suits have been filed.  The county pays the first $250,000 in expenses (which comes to $10,250,000) settlements and expenses after that amount are covered by insurance.  The county maintains a general liability fund to cover the the deductibles, but administrators of the fund had to triple the amount during Sheriff Christiansen’s tenure.

One heart-breaking lawsuit was filed by the family of Craig Prescott, a former deputy himself.  Mr. Prescott was forced to resign and as a result began to suffer serious stress and anxiety to the point of becoming mentally unstable.  His family phoned the sheriff’s department when they became afraid for Craig’s safety, believing that his former co-workers would be able to help him.  He was placed in a cell and because a person in the next cell didn’t like the noise Craig was making, a decision was made to transfer him to a safety cell.  In order to transfer him (because he was mentally unstable), he was Tasered and shot with bean bag guns.  He was dragged into a safety cell at which time he was face-down, unconscious,  and deputies sat on him for several minutes, suffocating him.

Sheriff Christiansen defended the actions of his deputies and made every effort to delay an investigation.  After the lawsuit was filed, a video tape was released to the family’s attorney.  That video tape did not match the written description of the tape that had been viewed by the Assistant D.A.   The tape had been altered so parts described by the Assistant D.A. were missing.

Another question asked of all four candidates was “do you believe arresting and prosecuting drug offenders will reduce the drug problem, particularly where marijuana is concerned?”

D.A. Birgit Fladager expressed the opinion that we have to arrest them to help them hit bottom so they can then begin to recover.  She said that being in prison is the bottom and the rehabilitation can then start.  Ms. Fladager refers to marijuana as a “gateway” drug, believes it is addicting and leads to increased crime.

Attorney Frank Carson opined that we need more early education in the schools and more intervention.  He also said that it was a waste of time and resources to prosecute someone for growing a few plants in their back yard.

Sheriff Christiansen hammered on the point that even though California has legalized medical marijuana, it is still a federal offense and people should be arrested and prosecuted.

Deputy Letras believes that this issue will be settled by the voters in the near future and it’s best not to waste time and resources (and jail space) prosecuting people who smoke marijuana in their homes.

Questions were asked about the Sheriff’s Department budget and vacancies.  During the last two years, while complaining about vacancies (due to budget cuts) and fewer deputies on the street, the department has come in $1,000,000 under budget.  Sheriff Christiansen indicated that there is a lack of qualified applicants.  Deputy Letras questions why there is such a lack of applicants, noting that only 1% of applicants ever go very far into the application process.  This is true even for clerical positions.  He agrees that law enforcement needs to be held to a higher standard, but wonders if the standard Sheriff Christiansen has set is eliminating qualified applicants who would make very good employees and is also the reason there is a lack of diversity in the department.

Closing statements by the four candidates re-hashed what had been said in answering the questions, except that attorney Frank Carson said it was important to stop the 26,000 wiretaps put in place by D.A. Birgit Fladager (at a cost of $300,000) which have resulted in zero convictions.

In addition to lawsuits, there is an incident involving Sheriff’s Deputy Kari Abby which resulted in the death of Rita Elias.

To read more about the Sheriff’s Department

To read about Deputy Kari Abby

 

Getting D.A. Fladager Up Off Her Chair to do Her Job

Scale of justice

By Emerson Drake

On Tuesday Jan. 8, 2013, I appeared before the Stanislaus County Board of Supervisors in the morning and the Modesto City Council at night and each time I talked about the animal abuse happening in Modesto. I recited District Attorney Birgit Fladager’s  office number (525-5550 ) and requested for people to call and ask for her to get up off of her chair and do her job. These weren’t the first times nor will they be the last.  I’ll keep appearing until she does something towards defending the pets/animals and families  in Stanislaus County.

This originated when several women appeared in front of both of the official bodies, City and County , to plead their case and ask  for justice. Phillip Sumner and Jeff Reed have been baiting, capturing and disposing of people’s pet cats for years.  Sumner actually claims to have been doing this for more than ten years.  These women have filed complaints and have a case number, 12-32208, which has been presented to the District Attorney by the Modesto Police Department whose hands are tied until the D.A. decides to prosecute.  There is an existing California state law, 597-S which D.A.’s around the state have been using successfully.  Our D.A,. Ms. Birgit Fladager, doesn’t feel it’s adequate and says the District Attorney’s office has more important things to do and just doesn’t have the time.

I first wrote about this story in November after being at the City Council meeting on Oct. 23,2012, when several women came and spoke.  I still find it hard to believe Ms. Fladager, who claims to be a cat fancier, is ignoring these families’ pain.  Luring, trapping, and disposing of a neighbors family pet is despicable.  And when you consider it was done by a neighbor to a  four-year-old autistic boy’s pet it becomes even worse.

Obviously some Customer Service Skills are Lacking

When I called and requested the D.A. take action I was met with a hostile attitude by the person that answered the phone.  The woman seemed more interested in deterring any request for action by asking many questions designed to dishearten callers. She actually suggested people who weren’t principals in the case had no business in calling.  I take  exception to that.  D.A. Birgit Fladager’s representatives had been very explicit in saying “Go away and don’t bother us any more: and it’s time for them to be informed that wasn’t going to happen.

Finally, on Friday afternoon at 4:45  former Modesto Police Captain and now Chief D.A. Investigator Dan Interbitzen called wanting to talk and left a voicemail.  I returned his call about twenty minutes later but his weekend had already started. I left a message and will try again on Monday.  I’ll be happy to talk with him. I’ll even give him the number of the case file he already has in a file cabinet.  We’ll do anything we can to assist D.A. Birgit Fladager and Chief  Investigator Dan Interbitzen in acquiring some motivation to proceed with charges in the case.

It’s nice to see Modesto is progressing with an ordinance of its own while at the same time hoping to get all of the cities in Stanislaus County to do the same through the Joint Powers Authority(animal services).  Unfortunately the Safety and Communities Committee won’t be able to hear the ordinance until February as Councilman Lopez isn’t fond of committee meetings lasting more than an hour despite the fact that prior to last week they met only two times in the last six months.

Please feel free to call Ms. Fladager’s office at 209-525-5550 and request she get up off of her chair and help stop animal abuse in Stanislaus County.  When they ask you can tell them the case, # 12-32208 and you that have a friend who told you about the four-year-old autistic boy and the rest of the families who have lost beloved pets to these men.

And a big heart-felt thank you to those who have already called from all the families involved and a special thank you from the little boy who continues to leave his bedroom window open so his friend can come back to be with him.

Follow-up to the JPA Animal Abuse Meeting

English: Author: Carl Skaggs This image was ta...

By Emerson Drake

Technically it was the conversation that wasn’t.  Modesto’s representative, MPD’s Captain Harris, didn’t understand that for something to be discussed it had to be on the agenda of the Joint Powers Authority (JPA) since it falls  under the Brown Act.  A lamentable occurence since it would have pushed this to the forefront county-wide.  As long as Stanislaus County District Attorney Birgit Fladager, who claims to be an animal lover through intermediaries, is in office animal abuse will NOT be punished within the County borders. This  makes it imperative for the cities concerned about animal abuse to develop an ordinance of their own.  The potential ordinance was passed out to all of the JPA members, one of whom provided me a copy. 

Modesto City Attorney Susanna Acala Wood is still refining the verbiage but since Modesto’s Safety and Communities Committee’s agenda is full it won’t be heard until sometime in February, so there isn’t a rush.  Since this committee’s meetings have been cancelled four times out of the last six it’s no surprise the agenda is full.

Some of the families including those of Hallie Sue Robinson and Heather Sisk are disappointed that the proposed ordinance won’t provide any remedy for the past.  But they do understand that if these men and any others abuse animals in the future, including cats, they will be punished. 

For those who would like to let District Attorney Birgit Fladager know how they feel about her foot-dragging, here is her office number (525-5550 ).  Please don’t hesitate to call since she likes to hear from the public how you feel about the job she’s doing for you.

We’re going to help by keeping this topic front and center to assist in helping it pass, there are also several vocal supporters in the City Council including Councilmen Joe Muratore, Dave Geer and John Gunderson, along with City Attorney Susana Acala Wood. To get a more complete background on this story we have an article from November 30,  “Modesto’s Cat Killer Phillip Sumner.”

We’ll discuss the rest of the JPA meeting in another article.  Once again there are things both good and bad happening out at the Animal Services Building you need to know but haven’t heard of.

Here is the proposed ordinance without the tweaks”

ORDINANCE NO. __________-C.S.

 

AN ORDINANCE ADDING SECTIONS 5-4.405 TO ARTICLE 4 OF CHAPTER 4 TITLE 5 OF THE MODESTO MUNICIPAL CODE RELATING TO DISPOSITION OF STRAY ANIMALS

 

The Council of the City of Modesto does ordain as follows:

 

 

SECTION 1.   AMENDMENT OF CODE.  Section 5-4.405 is hereby added to Article 4 of Chapter 4 of Title 5 of the Modesto Municipal Code to read as follows:

 

5-4.405    DISPOSITION OF STRAY ANIMALS

 

(a)                It shall be unlawful and a misdemeanor offense for any person who contains any stray animal (including cats) found at large or on their property to abandon the animal.

 

 

(b)               Within eight (8) hours after containing any such animal, the person doing so shall do one of the following:

 

(1)               Return the animal to the owner if the owner is known.

 

 

(2)               Report to City of Modesto Animal Control officials the fact that such animal is contained, a description of the animal and license number of such animal if any; or

 

 

(3)               Transport the animal to the Stanislaus Animal Services Agency facility and provide the date, time and location of when and where the animal was located when surrendering the animal to facility staff.

 

 

(c)                Animal Control Officers shall pick up and dispose of such animal in the same manner as though such animal had been found at large and impounded.

 

 

(d)               This section shall not be interpreted to apply to a person or organization registered with the Animal Services Agency as a caretaker for feral cats when that person is caring for feral cats.

Animal Abuse Ordinance to be Discussed at JPA meeting Thursday at 9:00AM

A montage I (Valente Q.C.) made with pictures ...

A montage I (Valente Q.C.) made with pictures that I took for the Infobox in the Modesto, California Article. (Photo credit: Wikipedia)

By Emerson Drake

Thursday 12/20 at 9:00 AM an animal abuse ordinance is going to be discussed which would allow cities to prosecute abusers, since our District Attorney, Birgit Fladager refuses to .  It’s a sad situation when cat killers like Phillip Sumner and Jeff Reed are allowed to lure, trap, and abandon animals without any penalties.

The meeting is going to be held at 3647 Cornucopia Way at the Stanislaus Animal Services Agency.  The Modesto City Council has taken the lead along with Chief Balentine and Captain Harris from the Modesto Police Department,  and we hope an ordinance will be in place by early February.  I know it won’t bring  justice to those suffering from past abuse, but hopefully it will help prevent future occurrences.

And if you can find time feel free to give our District Attorney Birgit Fladager a call and ask her why she won’t protect our pets.

Her phone number is 525-5550  I guess we shouldn’t be surprised no email is listed on the County’s website. Or if you are so inclined, appear at a Board of Supervisors meeting and tell them how you feel.

I went and spoke to them last night about this and other subjects during Public Comment Period.  They appreciate all of the input the public is willing to give them.  It’s towards the beginning of their meetings so you can speak and stay and listen or leave when you’re through.

They’re a friendly Board  and it really is almost painless.

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