The Final Analysis
On June 24, 2024 I returned to San Joaquin county superior court to hear the response to a motion filed for a new trial. I wasn’t surprised when the judge not only denied the motion, but failed to reduce the initial charge of “Murder II” to a lesser charge. This further exemplifies the narrowed view and prejudicial lens this by which case is viewed.
This unfortunate incident garnered national attention. The court system (District Attorney, defense, and possibly the judge) were complicit in making it appear that a reasonable defense was mounted. But on closer examination, and looking beyond that facade, the defense was grossly deficient.
I’ve never been in a court proceeding and was hoodwinked as well. But knowing all the facts, knowing how the laws and how they apply I could clearly see the lead defense attorneys conveyance of critical facts to the jury, probative cross examination of witnesses, and closing arguments all lacked in agency necessary to facilitate the defense required.
I came to this assessment to late in the process. The only option after the court rendered a guilty verdict, was to add this component to the new trial motion. I instructed co-counsel to forward a copy of the motion before submission to the court. Co-counsel did just the opposite and the “Ineffective counsel” was missing from the motion for a new trial. Co-counsel hinged the retrial motion on a juror that indicated on face book his desire to be on the jury. He no only was selected but became the jury foreman.
During the trial, this individual advertised fund raisers, attended crab feeds and other activities for the fire dept. One could easily see this as a conflict and juror misconduct. The judge found no conflict. But this could have been substantiated by allowing the other jurors to questioning on coaxing by the juror foreman. The judge thwarted that as well, resulting in denying a retrial, non reduction of the murder II to involuntary manslaughter.
Take note: the Alec Baldwin incident occurred at the same time as my case. There the facts demonstrated gross negligence on several fronts or intentional tampering resulting in a loss of life. He was permitted to finish a movie production and the investigation halted till then! If found guilty he would serve 18 months. Yet I’ve been incarcerated for 30 months, and presumed guilty until I can prove my innocence. Nor was I extended the professional courtesy to return to my location to gather my keys, ID, sensitive documents, coordinate customer pick-up of vehicles!
“A prime example of two tier justice in a action”
Picture this; my business in a highly marginalized downtown area with a large homeless encampment across the street. At the peak of the covid pandemic, stores depleted of inventory, restaurants closed, food banks closed, fast food, (if open at all), just the drive-up window. But your homeless and careless.
Every time I exit my building I witness their desperation escalating police/ambulance dispatch triple. I’m empathetic and supply water from a garden hose, and serve low-cost meals. In the evenings. Eventually, the health!
Health Dept. Closed it down
You can’t draw a general conclusion that all homeless are criminals. Anymore than you can conclude that all homeowners are law abiding citizens.
There exists tangible threats in all segments of society. Its quite apparent society has become more violent. I purchased a firearm as a deterrent the US has a nuclear bombs as a deterrent, police have firearms for protection as a deterrent. The navy will sometimes fire a shell over an adversaries bow, just as law enforcement might discharge a firearm to disburse an unruly crowd. And sometimes people are injured or killed. Am I who feared for my safety as well as my worker, held to a higher standard than our civil servants? The district attorney would have.
You believe that I would be willing to take ones life to protect my property. So does it make since that I would threaten the life of a fireman who dispatched to protect life and property?
Who dials 911 and fires upon the responder? what murderer announces he has a firearm before he commits the murder? If the district attorney suggests that I didn’t realize it was a firefighter, does that not constitute and accident itself??????????
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