District Attorney

Story of the Week: Milpitas Councilmember Steals Ex-Husband’s Mailbox?

Gadfly
noun ˈgad-ˌflī
1: any of various flies (as a horsefly, botfly, or warble fly) that bite or annoy livestock
2: a person who stimulates or annoys especially by persistent criticism

This story involves definition No. 2, but we’re not here to make fun of a strident citizen in the snarky manner you might expect. No, this Story of the Week focuses on a gadfly getting the best of an elected official. The whole deal is pretty absurd, so, of course, it happened in Milpitas.

Read More 18

Supervisor Shirakawa on the Hot Seat

Santa Clara County’s scofflaw Supervisor George Shirakawa had no problem admitting in last week’s Metro cover story his four-year failure to file campaign disclosure forms. But that seems to have changed now that the reported illegal conduct —along with payments he made to friends and family members with money he raised to run for office and retire campaign debts—has resulted in a Fair Political Practices Commission investigation into the supervisor’s secretive activities.

Read More 7

Sheriff Wants SJPD Fingerprint Program

UPDATE: Due to technical difficulties this post and all reader comments were dropped from the site. The post has been restored in its original form as we work to resolve all outstanding issues. Thanks for your patience.—Editor

The San Jose Police Department is thinking of getting out of the fingerprint business. As a result, a battle for millions of dollars in equipment and staffing, and has been quietly waged for months between the SJPD and the Santa Clara County Sheriff’s Office over who should process criminal prints.

Read More 10

The Mercury News is Lying

There are two kinds of thieves: ones who own up to their actions when caught and those who make up facts to justify their thievery. The Mercury News executive team has chosen to go the route of lying thieves. Luckily, no one is really fooled, and the ethical character of the group running the Bay Area’s daily newspapers is now on display for all to see. The emperor has no clothes.

Read More 44

County Installs $200K Panic Room

The Santa Clara County Board of Supervisors took the month of July off from work as usual, but some discreet construction has been occurring behind closed doors. As part of a $900,000 project approved in closed session in October 2011, a panic room is being installed in the Board chambers.

Read More 3

Rosen Cries Foul at 3 Strikes Law

On Monday, Santa Clara County District Attorney Jeff Rosen announced that more than 60 people in Santa Clara County have been sentenced to too harsh of sentences under the Three Strikes law, and his office intends to scale back punishments or even free some of these individuals.

Read More 3

DA’s Office Won’t Retry Lynch; Priest Perjury Charge Still Possible

The Santa Clara County District Attorney’s Office announced Wednesday that it will not re-file a misdemeanor assault charge against William Lynch. Last week a jury acquitted Lynch of felony assault and hung on a misdemeanor charge. Lynch attacked Father Jerold Lindner in 2010, decades after the priest molested Lynch as a child. The DA’s office says it is “evaluating the obstacles to filing a perjury charge against Lindner,” who testified at the trial that he never molested Lynch.

Read More 4

Priest Abuse-Assault Case Isn’t Over Yet

The verdict is in for the William Lynch Trial, and unsurprisingly it was “not guilty” on all felony counts. The jury did hang 8-4 for “guilty” on a misdemeanor battery charge. While the case is over for now, two interesting actions could be taken. One would involve the victim in the trial—Jerold Lindner, a priest accused of molesting Lynch and his brother as boys—being charged with perjury.

Read More 15

The Wild, Wild West: A Week in the Priest Abuse-Assault Trial

San Jose attorney Christopher Schumb will write a bi-weekly column for San Jose Inside focusing on the biggest cases and legal disputes in Santa Clara County. This is his first column.—Editor

If you have seen all the media vans parked in front of the Criminal Courthouse on Hedding Street, it’s not for a location shoot of Law and Order. The media is there for the courtroom drama unfolding in the trial of William Lynch. Mr. Lynch alleges that he was a victim of horrific child abuse by a Catholic priest, Father Jerold Lindner, in 1975. Mr. Lynch settled a civil suit he filed against Father Lindner and the church over a decade ago. In 2010, Mr. Lynch allegedly went to Father Lindner’s retirement home, and attacked the 67-year-old retired priest. From the outset, it was clear that Mr. Lynch’s agenda was to publicize the alleged abuse he, his brother and several other boys allegedly suffered at the hands of Father Lindner.

Read More 6

Obama Changes Illegal Immigration Policy

District Attorney Jeff Rosen made a bold step last summer when he announced a new policy that would stop deporting as long as they aren’t considered a threat to public safety. Almost a year later, President Obama went a step further, announcing Friday that his administration would end the deportation of some illegal immigrants who came to the United States as children.

Read More 0

Former MACSA Teachers Still Suspicious

Lupe Nunez, a vice principal for two years at one of two charter schools formerly operated by the Mexican American Community Service Agency (MACSA)  school, says she’s not sure if Xavier Campos was involved in the disappearance of funds from the teachers’ retirement accounts, “but you kind of wonder.” The question weighs on the minds of many teachers who worked for below-market wages at charter schools in Gilroy and San Jose, operated by MACSA, as executives raided $1 million from their pension accounts to pay other expenses, according to the Santa Clara County District Attorney’s office.

Read More 10

Xavier Campos Escapes Indictment

Santa Clara County’s District Attorney has accused the Mexican American Community Services Agency’s former chief executive officer and former chief financial officer of cleaning out their employees’ retirement accounts to the tune of $1 million. The third C-level MACSA employee at the time, former MACSA chief operating officer and current San Jose City Councilmember Xavier Campos, was not charged with felony grand theft, as the others were. The arrest warrant and complaint notes that while “Campos was almost certainly aware that MACSA had failed to make at least some pension payments,” there was a lack of evidence that he had a direct role in stopping retirement payments.

Read More 11

DA Office Completes MACSA Investigation

UPDATE: The District Attorney’s Office is charging former MACSA CEO Olivia Soza-Mendiola and CFO Benjamin Tan with grand theft for illegally diverting more than $1 million that should have gone to employee retirement accounts. Check back later in the day for a story about the charges.—Editor

The Santa Clara County District Attorney’s Office plans to hold a press conference at 11am Thursday unveiling its findings from the investigation into the Mexican American Community Services Agency (MACSA). The announcement will come 28 months after former DA Dolores Carr was notified that MACSA, a nonprofit organization, stole $400,000 from employee pension funds from two of the schools it operated.

Read More 4

You Be the Judge

Electing a judge for the Santa Clara County Superior Court is usually more about comfort level than name recognition. To put it bluntly: People prefer female judges. That might be why an unknown attorney named Alex Cerul listed his first name as Alexis on the ballot for the June 5 primary. Cerul, a staff attorney for the county, faces the battle-tested Paul Colin out of the District Attorney’s office. With more than 35 judges endorsing Colin in the race, one would think the deputy DA is a shoo-in to replace the retiring Jerome Brock on the bench (he got Brock’s endorsement). But insiders think Cerul has a shot based on “The Ritchie Effect,” named after the shocking 2008 upset scored by Superior Court judge Diane Ritchie.

Read More 3

Juvenile Justice Cut Would be a Mistake

One of Governor Brown’s budget trigger cuts for California is the $72 million spent on the Division of Juvenile Justice (DJJ, formerly the California Youth Authority). The governor is proposing to shut down the state juvenile justice detention system and send the youth back to the counties for rehabilitation. On the surface, this seems like a good move—DJJ has a horrible reputation for punishing wards and providing little rehabilitative services.

Read More 1