clin ind 6 [v6.0]

38
costs involved; we bought the necessary papers but did not file them.” Fees for a restraining order would be waived in the event the plaintiff could not afford them shows he is lying. In his other document, his story is different. Instead of buying the paperwork, he called the court clerk.” Proper procedure is to go in and fill out papers - not phone in a complaint. If he called the clerk would have told him about a fee waiver which he obviously got. Again, evidence Mr. McCarthy is lying under penalty of perjury. Not only did he lie about finding out my gun by public record, he is lying that my gun is illegal. It is NOT! Another perjurious statement meant to discredit me! •I have been actively working with Community Relations Officer Bill Titano who has been slow in getting me the documents that I needed to attempt to get Mr. McCarthy evicted for being a nuisance. I asked him what I could do about McCarty’s false police reports. He said there was nothing I could do. I will ask Police Chief Bejarano when I sent him this documentation about Mr. McCarthy to see if Officer Titano was telling me the truth or if he was intentionally part of the problem in obstruction of justice. It should be against the law to file false reports, and if it is I will request Mr. McCarthy’s arrest for this as well. This is the FOURTH false action by Mr. McCarthy! April 24, in a letter from Mr. McCarthy’s property manager, there is proof that I was dealing with the situation in the appropriate manner. He is attempting to stop me from my right to get him classifed as a criminal nuisance. Not only did I have a SDPD Community Service Officer check to see what he could do, the property manager also was working to help me go through the channels. (See attached letter.) August 8, 2000, I filed a verbal complaint with the Police Chief naming both Kevin McCarthy and the SDPD harassing me and surveilling. I filed a complaint with the FBI when the harassment did not stop later in the day since I had written the Police Chief about twenty letters about the harassment and had filed a request for a restraining order against the helicopter pilots. I was denied a hearing because San Diego Police have been able to establish a “police state” in San Diego which is why the city is under federal investigation. On August 12, Mr. McCarthy battered me, and I made a Citizen’s arrest. •If Mr. McCarthy was so afraid of me, why did he come over to MY side of the street and turn the hose on and drench me after I warned him not to turn it on? He was intentionally provoking me, and I did not go after him. I retreated and called the police. I did not threaten him. He even documents my statement to him: “That’s a battery. I’m calling the police.” This is not the behavior of someone who is threatening. This is the behavior of a law abiding citizen which I always have been. I have not walked on public property in front of his house since the April 14 intimidation. •Mr. McCarthy lied about the time of the August 12th event. My witness and my calls to the police verify the time, and it was around 7:00 AM. Not 5:45. He lied about ßthe time in court again. I did not walk by the water on any other occasion. He turned the hose on after I warned him not to. He was staring and smiling a sinister smile and rushed to turn on the hose with the purpose of battering me. He intentionally drenched me. His smile afterward and lack of an apology after I warned him not to turn on the water, confirm his criminal motive. This false report is adding insult to injury. On August 14 or 15, I called the Police Chief again about the battering since I had mailed him information about Mr.McCarthy in the past on at least two occasions, and nothing had

Upload: her-royal-highness-queen-valerie-i

Post on 21-Jul-2016

34 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: Clin Ind 6 [v6.0]

costs involved; we bought the necessary papers but did not file them.” Fees for a restraining order would be waived in the event the plaintiff could not afford them shows he is lying. In his other document, his story is different. Instead of buying the paperwork, he “called the court clerk.” Proper procedure is to go in and fill out papers - not phone in a complaint. If he called the clerk would have told him about a fee waiver which he obviously got. Again, evidence Mr. McCarthy is lying under penalty of perjury. Not only did he lie about finding out my gun by public record, he is lying that my gun is illegal. It is NOT! Another perjurious statement meant to discredit me!

•I have been actively working with Community Relations Officer Bill Titano who has been slow in getting me the documents that I needed to attempt to get Mr. McCarthy evicted for being a nuisance. I asked him what I could do about McCarty’s false police reports. He said there was nothing I could do. I will ask Police Chief Bejarano when I sent him this documentation about Mr. McCarthy to see if Officer Titano was telling me the truth or if he was intentionally part of the problem in obstruction of justice. It should be against the law to file false reports, and if it is I will request Mr. McCarthy’s arrest for this as well. This is the FOURTH false action by Mr. McCarthy!

April 24, in a letter from Mr. McCarthy’s property manager, there is proof that I was dealing with the situation in the appropriate manner. He is attempting to stop me from my right to get him classifed as a criminal nuisance. Not only did I have a SDPD Community Service Officer check to see what he could do, the property manager also was working to help me go through the channels. (See attached letter.)

August 8, 2000, I filed a verbal complaint with the Police Chief naming both Kevin McCarthy and the SDPD harassing me and surveilling. I filed a complaint with the FBI when the harassment did not stop later in the day since I had written the Police Chief about twenty letters about the harassment and had filed a request for a restraining order against the helicopter pilots. I was denied a hearing because San Diego Police have been able to establish a “police state” in San Diego which is why the city is under federal investigation. On August 12, Mr. McCarthy battered me, and I made a Citizen’s arrest.

•If Mr. McCarthy was so afraid of me, why did he come over to MY side of the street and turn the hose on and drench me after I warned him not to turn it on? He was intentionally provoking me, and I did not go after him. I retreated and called the police. I did not threaten him. He even documents my statement to him: “That’s a battery. I’m calling the police.” This is not the behavior of someone who is threatening. This is the behavior of a law abiding citizen which I always have been. I have not walked on public property in front of his house since the April 14 intimidation.

•Mr. McCarthy lied about the time of the August 12th event. My witness and my calls to the police verify the time, and it was around 7:00 AM. Not 5:45. He lied about ßthe time in court again. I did not walk by the water on any other occasion. He turned the hose on after I warned him not to. He was staring and smiling a sinister smile and rushed to turn on the hose with the purpose of battering me. He intentionally drenched me. His smile afterward and lack of an apology after I warned him not to turn on the water, confirm his criminal motive. This false report is adding insult to injury.

On August 14 or 15, I called the Police Chief again about the battering since I had mailed him information about Mr.McCarthy in the past on at least two occasions, and nothing had

Page 2: Clin Ind 6 [v6.0]

been done. I also called Officer Titano. On August 16, I notified the neighbor whose hose he used to drench me that he had a history of harassing me.

On August 18, in the morning, I posted information on the internet about the public corruption. I consider the false complaint filed on the afternoon of August 18 by Mr. McCarthy related to my exposing the crimes publicly. His complaint will eventually be introduced as evidence in the conspiracy crime and will turn this documentation over to the proper authorities as evidence.

•I have been working with his property manager and called him on August 14, and 15. He told me he would contact the Officer Cuddy and Titano to see if there was enough evidence to have Mr. McCarthy evicted. (Documentation included)

I also feel that Mr. McCarthy should be evicted for being a criminal nuisance.

I declare under penalty of law the above to be true.

Valerie Summers

September 5, 2000

Dear District Attorney Paul Pfingst:

I am requesting Mr. McCarthy’s prosecution for perjury and obstruction of justice by attempting to prevent me from obtaining evidence and protectiing myself from his slander. See enclosed documents.

Page 3: Clin Ind 6 [v6.0]

Also, please expect other complaints about SDPD with this office the City Council, state and federal agencies. Myrights have been repeatedly violated and have not been defended by those sworn to do so. If my allegations are dismissed as has been done in the past, expect the complaint to be forwarded to the State Attorney General. Mr rights have been violated too much by this office. It is time to address the situation. I am requesting the district attorney gather the name of the four police officers who claim they told him to obtain a restraining order. If he cannot produce them it is another example of perjury. His court papers deny that he drenched me. His testimony supported my allegation that he did. Another example of perjury.

Mr McCarthy revealed his intent to claim I violated a restraining order based on a communication with my neighbor. I do not have a restraining order with her and any allegation of a violation will be reported as a malicious prosecution. The District Attorney had been anything but impartial with my claims. Enclosed is a letter to Superior Court regarding Judge Strauss’ lack of impartiality, and I will be challenging this restraining order.

Sincerely,

Valerie Summers4405 34th St.San Diego, CA 92116

Valerie Summers4405 34th St.

San Diego, CA 92116

October 4, 2000

City Attorney Casey Gwinn1200 3rd Ave. Suite 700San Diego, CA 92101

Dear City Attorney:

On August 12, 2000, around 7:00 AM I left my gate to walk my dogs. (See enclosed map.) At the same time, Kevin McCarthy watched me leave my home as he did every day from his porch. When I turned left onto Meade, Kevin McCarthy crossed Meade Ave., set up sprinkler at 3430 Meade, and stooped down to adjust the directional focus of sprinkler. As I approached the sprinkler Kevin McCarthy watched me with a malicious look in his eye, and waited to turn on the hose until I walked the span of two houses and until I was in front of the sprinkler.. Kevin McCarthy moved towards the faucet nozzle and stopped, waiting for me to approach the sidewalk in front of 3430 Meade at which time I told him not to turn on the hose.

Page 4: Clin Ind 6 [v6.0]

McCarthy quickly rushed about three feet forward turned on the faucet and watched with a sinister smile as he intentionally drenched me after lying -in-wait for me.

When Mr. McCarthy filed false charges against me in his request for a restraining order, I did receive a copy of the ticket and saw that he was to be arraigned this morning. (Although SDPD never gave me a copy, and your office never notified me about the case.) This morning I went down to the Misdemeanor Arraignment room to find out when I would have a chance to testify since I had not received any notification from either SDPD or the City Attorney. I discovered that Mr. McCarthy’s name was not on the roster to appear in spite of his notice to appear on the ticket. I should not be surprised that Mr. McCarthy was allowed to batter me, make false charges and then avoid any consequences, after all, embezzlement, double homicide, conspiracy to commit murder, conspiracy to commit acts of terrorism, abuse of power, bribing judges, etc. are allowed to take place with impunity.

I will not tolerate having my rights violated with impunity, and am requesting a written explanation for this and a court date in which Mr. McCarthy will have to answer for battering me. The restraining order he was granted was granted based on perjury and judicial corruption and does not negate my rights.

Police statements and his testimony in court conflict his written statements on the restraining order. He was able to commit perjury with impunity, so far.

Please communicate your response as soon as possible.

Sincerely,

Valerie Summers

The culture of organized crime in this city has been cultivated by city officials, and SDPD, who have actively used this method of getting city business done. Judge McConnell, an judge who conveniently gets so many city cases was another judge who denied me a right to be heard. I notice her name is on the "Hall of Justice" building. This city rewards its insiders well doesn't it? When I read the quotes inscribed on the walls in that building, the hypocrisy makes me want to cry. I don't though since I don't have any tears left to cry.

(While I am at it, why does Asst. DA A. Craig Rooten handle all police department cases? Judge Strauss handle all restraining orders and restraining orders all involve SDPD. This city has quite a system worked out. It's too bad no one is paying attention.)

(Page A-18 )

Padres ballpark ruling

Page 5: Clin Ind 6 [v6.0]

------------------------------------------------------------------------

Judge is hard to predict or put a label on

------------------------------------------------------------------------Philip J. LaVelle STAFF WRITER 19-Jun-1999 Saturday The judge poised to put the brakes on the Padres ballpark project until anenvironmental review is completed is a veteran Superior Court jurist knownfor her brains, drive and independence.

Judge Judith McConnell has presided over several environmental-review casesin the past, with no discernible pattern to her rulings.

Nor is she predictably anti-City Hall.

Case in point: In April 1996 McConnell tossed out a lawsuit by threeLibertarian activists who challenged the city's plans to expand former SanDiego Jack Murphy Stadium by using bonds issued without voter approval.

One city attorney said McConnell had "hit the nail on the head," whileprominent plaintiff Richard Rider darkly suggested McConnell was bowing tothe Establishment.

Which is ridiculous, say those who know her well. This, after all, is ajudge whose controversial awarding of custody of a boy to the homosexuallover of his dead father -- instead of his fundamentalist Christian mother-- would cost her a spot on San Diego's federal bench in 1995.

As for the broader body of her work, that no pattern emerges is thepattern, say those who know her well.

"The pattern is that she's independent and she applies the law as best shecan, based on the facts as presented to her," said lawyer Judith Copeland,a McConnell friend for 25 years.

"She and I don't always see eye to eye politically," said retired JudgeKevin Midlam, appointed to the local Superior Court in 1988 by formerRepublican Gov. George Deukmejian. Still, Midlam said McConnell, a 1980appointee of former Gov. Jerry Brown, is an excellent judge.

"She's very fair, very efficient and very effective," he said.

A graduate of UC Berkeley's Boalt Hall School of Law, McConnell, 55, is aNebraska native. Her mother was a homemaker, her father a PulitzerPrize-winning newspaper editor.

Page 6: Clin Ind 6 [v6.0]

McConnell is an ardent advocate of making the courts accessible to allcitizens, and is also a groundbreaking feminist.

One day in the early 1970s, she and several other women, including futureU.S. Rep. Lynn Schenk, ate lunch at the U.S. Grant Hotel's Grant Grill,breaking the sex barrier at that once-males-only venue.

Her biggest share of publicity came in 1994 and 1995.

She had been recommended by U.S. Sen. Barbara Boxer, D-Calif., to PresidentClinton for a slot on San Diego's federal court.

But by January 1995, McConnell withdrew her name after learning Clintonwould not fight the new Republican Congress on her behalf. She had run intoconservative opposition over her 1987 decision awarding custody of a16-year-old boy to his late father's homosexual lover instead of hismother, a Pentecostal Christian.

In a newspaper interview in 1995, McConnell defended her ruling and saidshe looked forward to explaining her reasoning to Congress, an opportunitythat never came.

"You have to base your decisions on the law and the evidence you havebefore you," she said in the interview. "I don't think you can be aneffective judge if you are looking over your shoulder all the time,wondering how it's going to be played in the newspapers."

------------------------------------------------------------------------Copyright Union-Tribune Publishing Co.

Lynn Schnek is Russian? and knows Maruta ?

(Page A-4 )

Boxer slams GOP on judiciary process | Conservatives blamed for judgeship delays

------------------------------------------------------------------------Gerry Braun STAFF WRITER 08-Apr-1998 Wednesday U.S. Sen. Barbara Boxer yesterday said a bloc of conservative senators haveso "warped and distorted" the process by which judges are approved that thefederal judiciary is in a state of crisis.

The Democratic senator said many qualified nominees have been scared off by

Page 7: Clin Ind 6 [v6.0]

the Republicans' tactics and withdrawn their names from consideration,while others have seen their nominations languish for years withoutreaching the Senate floor for a vote.

"They're being held up by the three I's -- intimidation, innuendo andideology -- and we cannot allow that to dominate," Boxer told the NationalAssociation of Women Lawyers meeting at San Diego's U.S. Grant Hotel.

"We have a crisis when we have 90 openings and we're moving one judge aweek, maybe."

The notion of a federal judiciary in crisis has been taken up by othersbefore Boxer, including William Rehnquist, the chief justice of the U.S.Supreme Court, and Sen. Orrin Hatch, R-Utah, the chairman of the SenateJudiciary Committee. Both have contended the lack of new judges endangersthe system's integrity.

However, Boxer has first-hand experience combating conservatives overjudicial appointments.

In 1993, she recommended Superior Court Judge Judith McConnell of San Diegoto the federal bench, only to have McConnell withdraw her name fromconsideration after Republicans launched a campaign against her and otherClinton nominees. Republicans focused on a 1987 case in which McConnellawarded custody of a 16-year-old boy to his deceased father's gay partnerinstead of the boy's mother.

Other nominees that Boxer has recommended to the White House have comebefore the Senate only after long delays.

More recently, Boxer was peppered with radio commercials in whichRepublican challenger Darrell Issa claimed "some of Barbara Boxer's choicesfor federal judge were so liberal even President Clinton rejected them."

Boxer, however, said Republican opposition to "judicial activists" is notan attempt to weed out liberals so much as to weed out independent jurists.

"Who is a `judicial activist' anyway?" Boxer asked. "I think it's anyonewith a pulse and heartbeat. Are you supposed to be someone who's never doneanything in your life? Are you supposed to be someone who's never had anopinion in your life? It's a frightening prospect.

"They oppose people for having a thought in their heads. They have warpedand distorted the nomination process."

Boxer said she has sought to nominate as many women as men to the bench,and "worked very hard to make the American judiciary look more likeAmerica."

She said the screening process she has created to review potential nomineesassesses them solely on their qualifications.

"I haven't known one of the people I recommended to President Clinton," shesaid. "They have all made it on their own."

Page 8: Clin Ind 6 [v6.0]

------------------------------------------------------------------------Copyright Union-Tribune Publishing Co.

(Page A-1 )

Judge's step up in doubt | McConnell in line for federal bench

------------------------------------------------------------------------VALERIE ALVORD Staff Writer | Copley News Service correspondent Derrick DePledge contributed to this report. 05-Dec-1994 Monday San Diego Superior Court Judge Judith McConnell's nomination to thefederal bench could run aground on the conservative tide in Congress, saylegal and political experts in Washington.

McConnell's nomination was held up, apparently by a backlog in Congress. In the meantime, a conservative newspaper's editorial blasting her forawarding custody of a child to a gay parent's homosexual partner sevenyears ago is said to have tipped off Republican senators, who now hold amajority, that backing her could be politically embarrassing.

McConnell, who served two years as San Diego Superior Court's presidingjudge, was recommended for an open seat on the San Diego federal bench lastyear by Sen. Barbara Boxer, D-Calif., and nominated by President Clinton inAugust.

The next step was to be a confirmation hearing before the Senate JudiciaryCommittee. But the committee did not act before the end of the session ofCongress, so McConnell must now be recommended and nominated again.

The good news for the San Diego judge, said one legal analyst inWashington, is that in the recent past even conservative Republicans havegiven the president's nominees the benefit of the doubt. And thenominations that have run into serious trouble have generally involvedjudges with more than one controversial ruling in their backgrounds.

The bad news, according to a second analyst, is that now that McConnell'snomination has been singled out as problematic and Republicans have gaineda majority, Clinton may think twice before renominating her.

A White House spokesman said only that the president is reviewing judicialvacancies and has not decided upon the nominees.

"The conventional wisdom is that there are a few judges who have attracted

Page 9: Clin Ind 6 [v6.0]

controversy -- Judith McConnell is one of them -- and that in a (changed)political climate the White House will take a different sort ofcalculation," said Thomas Jipping, a legal affairs analyst for theconservative lobbying group, Coalitions for America.

If she is renominated, senators will likely look at her entire record, notjust one decision, said Marianne Lombardi, another Coalitions analyst. "Unless something else really controversial comes up, they'll approve her. That's my opinion," Lombardi said.

On the other hand, nobody knows exactly what to expect from the newRepublican majority in Congress, she said. A decision to award a child to ahomosexual non-relative "is going to be controversial and there will begroups who will oppose her on that one thing," Lombardi said.

Continued support

Conservative Washington lawyer Michael Farris went further, sayingMcConnell's nomination could falter if politicians view it as a measure oftheir commitment to "family values."

"There's such a mad scramble in Washington right now by both Republicansand Democrats to get as far as possible from the counterculture values ofthe Joycelyn Elderses and the Hillary Clintons that I doubt very seriouslyif any senator of either party would step forward and support JudithMcConnell," predicted Farris, who was an unsuccessful Christian Coalitioncandidate for Virginia's attorney general in November.

Elders, Clinton's surgeon general, has been a lightning rod forcontroversy over her views on drugs and sex education. The counterculturevalues Farris cited are generally considered to mean liberal attitudestoward sex and morality that have been a favorite target of conservatives.

In San Diego, there is continued support for McConnell, even amongconservatives such as Peter Nunez, Ronald Reagan's U.S. attorney here.

"It would be a shame if one case were to keep her from becoming a federaljudge," Nunez said. "All judges make decisions that are controversial, andunless there's a pattern, it seems unfair to single out one case."

The nation's roughly 500 federal trial judges are appointed for life tohandle both civil and criminal matters; they earn $133,600 a year.

Ideological opposition to nominees for the posts is relatively uncommon inWashington, though there is occasionally opposition to federal appealscourt nominees. Appointments to the Supreme Court are often bitterlychallenged.

The decision troubling McConnell's nomination dates from 1987, when sheawarded custody of a 16-year-old boy to his deceased father's homosexualpartner instead of to his mother, a Pentecostal Christian.

The ruling shocked many in the legal profession who said the dominantphilosophy in such cases is to award a child's custody to blood relatives

Page 10: Clin Ind 6 [v6.0]

unless it can be shown that the family members are unfit.

No such determination was made about the boy's mother, Betty Lou Batey.

But her son, Brian, who had lived in Palm Springs with his father for abouttwo years -- and who had weathered a long and bitter custody battle betweenhis parents -- had asked McConnell to let him remain in the same home withhis father's long-term partner. Betty Batey, who had previously kidnappedher son, wanted the boy to return to San Diego to live with her.

"It's an anti-family assumption that Judge McConnell treated the motherand the homosexual lover as equal players on the field," said Farris, whocame to San Diego in 1984 to defend Betty Batey on child-stealing chargesat the request of the conservative Christian group, Concerned Women forAmerica.

"I think that decision was way over the edge in most people's judgment,"Farris said in a recent interview.

Strong pressures

McConnell refused to comment last week on the whispers surrounding hernomination, directing calls to Boxer's office in San Francisco.

Sam Chapman, Boxer's chief of staff, said McConnell's name was forwardedto the Judiciary Committee too late to be acted upon by the last Congress,which was controlled by Democrats. The committee was headed by Sen. JosephBiden, a liberal Democratic from Delaware.

The new committee will have a Republican majority and a conservativeRepublican chairman, Sen. Orrin Hatch of Utah. Washington insiders arealready speculating that as chairman of the influential committee, Hatchwill be thrust into an intense ideological conflict over how aggressivelyRepublicans should use their new congressional majority to shape areas likethe federal judiciary, civil rights policy and spending on law enforcement.

Biden has predicted that Hatch will face strong pressures from the GOP'sright wing.

Hatch's spokeswoman said the senator would not make any comments about howhe would vote on specific nominations.

A spokeswoman for Sen. Strom Thurmond, R-S.C., another conservative on thecommittee, said she didn't think the committee would routinely block thepresident's nominations, but added: "When Republicans have felt obliged tofight, they have."

McConnell's nomination has already gotten more attention than usual,having been singled out by The Washington Times, the capital's newspaperof record for conservative views. The paper's editorial criticizingMcConnell "has made the rounds on Capitol Hill," said Farris, and promptedspeculation that McConnell's nomination could now quietly die.

Page 11: Clin Ind 6 [v6.0]

But Chapman, Boxer's staff chief, said the senator intends to recommendMcConnell again and that he expects her to re-nominated by the presidentand then confirmed by the Senate.

He pointed out that conservative California Supreme Court Chief JusticeMalcom Lucas has written a letter of support for McConnell.

Conservative anger

The court decision that has the conservatives up in arms has beenmisrepresented, Chapman said. Many people, he said, are not aware that themother walked out of the final hearing, leaving McConnell to rule withouthaving heard from both sides.

And McConnell took over the case after a juvenile court judge had alreadygiven custody of Brian Batey to his father, and after the mother hadkidnapped her son and lived in hiding for almost two years. When the motherand the boy, who was then about 12, returned to San Diego, Brian Batey wasplaced in foster care for two more years. Then McConnell returned custodyto his father at the boy's request.

The father died of AIDS when Brian was 16. Brian requested and was grantedthe right to stay with his father's lover, Craig Corbett, in surroundingsthat had become familiar to him.

What capped conservative anger at the time was McConnell's parting wordsto the teen-ager. "You are fortunate to have a person like Craig Corbett, aman who will provide you with a stable and wholesome environment," she toldthe boy.

"It showed her religious bigotry and lack of sensitivity to a naturalparent," said Beverly LaHaye, president of Concerned Women.

LaHaye and other supporters of the mother said they thought McConnellseemed to be implying that a Pentecostal Christian home was not a wholesomeenvironment.

But Chapman said McConnell's decision couldn't have been all that bad,judging by the way the teen-ager's life turned out. He is now 23, marriedand working as a deputy sheriff in a small Midwestern town, Chapman said.

McConnell became a San Diego Municipal Court judge in 1977 and wasappointed to the Superior Court in 1980. In 1982 she served as presidingjudge of the Juvenile Court. She served two terms as presiding judge of theSuperior Court in 1988 and 1990. In 1991 she was named Trial Judge of theYear by the San Diego Trial Lawyers.

She has also held numerous positions on statewide judges' and lawyers'panels.

It was McConnell's years of judicial and administrative experience thatmade her the top choice of a committee formed to recommend a federaljudicial nominee to Boxer, said Sister Sally Furay, provost of theUniversity of San Diego, who headed the committee.

Page 12: Clin Ind 6 [v6.0]

Furay said the Batey case never came up in the discussions.

"You're looking at a judicial career of 16 or 17 years," she said. "If wehad started analyzing every case we'd still be talking. We divided intoteams and called hundreds of lawyers and judges all over the state (forbackground checks). Three candidates got our highest rating but it was theview of the committee that Judith McConnell was the strongest of thethree."

Furay said she also thought it would be unfair if a single ruling blockedMcConnell's nomination, but added: "Unfortunately, her qualifications maynot make any difference if people don't have open minds."

------------------------------------------------------------------------Copyright Union-Tribune Publishing Co.

Page A-21 )

Battle over judges marked by politics | In an election year, ideological leanings prompt hot debates

------------------------------------------------------------------------DORI MEINERT Copley News Service 20-Apr-1996 Saturday WASHINGTON -- When President Clinton appointed him to the bench two yearsago, New York federal judge Harold Baer couldn't have imagined that hewould be at the center of an election-year debate over the ideologicalleanings of the federal judiciary.

But his January ruling banning evidence seized in a major drug case set offa firestorm of political criticism.

Republican presidential hopeful Bob Dole said Baer should be impeached. White House press secretary Michael McCurry, sensing which way thepolitical winds were blowing, hinted that Clinton might ask Baer to resign.

Baer apparently got the message and reversed his ruling, but said he wasnot influenced by pressure. And his reversal ignited yet another debateover politicians violating the independence of the judiciary. Also, theincident has been seized by conservatives and the Dole campaign as proofthat Clinton's judicial choices are soft on crime.

In a series of speeches over the last few weeks, Senate Judiciary CommitteeChairman Orrin Hatch, R-Utah, has criticized several Clinton judges forbeing too lenient toward criminals.

Page 13: Clin Ind 6 [v6.0]

"There can be little doubt that judges appointed by Republican presidentswill be generally tougher on crime than Democratic appointees," said Hatch,whose committee holds confirmation hearings on presidential nominees.

While conservatives complain that Clinton's choices are too liberal,liberal groups say Clinton has been too willing to accommodate Republicanswho control the Senate and thus the confirmation process. And someconservative groups also criticize Republicans for going along.

"The notion that the federal bench is dominated by liberal judges is justludicrous," said Nan Aron, president of the liberal Alliance for Justice,as the group released its evaluation of Clinton's judicial selections inFebruary.

"In fact, by avoiding a number of progressive choices, the currentadministration relinquished the opportunity to achieve more balance in thecourts," she said.

No GOP rejections

Since Republicans took over the Congress in 1995, the Senate has notrejected a single Clinton judicial nominee. Even before the Republicanstook over, Clinton's strategy was to consult closely with JudiciaryCommittee members of both parties to avoid the type of bloody confirmationbattles that marked the Reagan era.

Unlike Presidents Ronald Reagan and George Bush, Clinton's criteria forchoosing judges have been less focused on ideology.

"Clinton has been generally aiming for well-qualified mainstream judges,"said Sheldon Goldman, a political scientist at the University ofMassachusetts who studies the judicial selection process. "He doesn't wantto spend that kind of political capital. He sees nothing to be gained interms of public credibility."

For example, to avoid a showdown with Congress last year, Clinton backedoff his nominations of Los Angeles attorney R. Samuel Paz and San DiegoSuperior Court Judge Judith McConnell as federal district judges for theCentral and Southern Districts of California respectively.

Republicans objected to Paz because he had filed misconduct complaintsagainst the Los Angeles Police Department, and to McConnell because sheonce awarded custody of a 16-year-old boy to his deceased father's gaypartner rather than the boy's mother.

In keeping with his pledge to make the courts more reflective of society,Clinton has appointed more African-Americans and women to the federal benchthan his Republican predecessors, Goldman said.

Also, Clinton's judges as a group have been rated as having higherqualifications than any president's picks going back to Eisenhower, Goldmansaid.

Page 14: Clin Ind 6 [v6.0]

About 67 percent of Clinton's nominees have received the top rating of"well-qualified" from the American Bar Association, compared to 59 percentfor Bush's judges, 55 percent for Reagan's and 56 percent for Carter's, hesaid.

ABA questioned

Conservatives contend that the ABA is biased and not very thorough in itsbackground checks. So far, 183 of Clinton's nominees have been confirmed. They include 29 appeals court judges and two Supreme Court justices. He'swhittled the number of judicial vacancies down from more than 100 left tohim by Bush to just 55.

But the Reagan and Bush judges still make up 56 percent of the federalbench compared to Clinton's 22 percent. President Jimmy Carter's judges,considered more liberal than Clinton's, make up another 11 percent.

Clinton's Supreme Court choices -- Ruth Bader Ginsburg and Stephen G.Breyer -- were approved by an overwhelmingly majority of senators,including Dole. With its conservative majority, which Ginsburg and Breyersometimes join, the high court has provided less of a target forconservatives than in past years.

Clinton's lower court judges so far appear to be voting in "a moderate,middle-of-the-road fashion," said Robert Carp, a political scientist at theUniversity of Houston who has studied federal court opinions for 26 years.

Clinton's District Court judges have made rulings considered liberal 46percent of the time -- more than the 37 percent liberal rating for Bushnominees and 36 percent for Reagan nominees, but less than the 53 percentfor Carter nominees, Carp said.

"The real key to Clinton's impact on the judiciary is whether he isre-elected," Carp said. "Now, even if his judges were more liberal, theycouldn't do much because they'd be overruled" by Republican-nominatedjudges on the appeals courts, where Clinton's nominees total just 16percent.

If Clinton wins a second term, he is likely to have the opportunity to namea majority of judges on the federal bench as well as additional SupremeCourt justices because of possible retirements there.

Clinton perplexed by complaints

Clinton recently said he was "perplexed" by the GOP complaints of hischoices of judges because Senate Republicans had voted for all but three ofhis appeals court nominees.

In 1994, when Republicans were in the minority in the Senate, they attackedappeals court nominees Rosemary Barkett and H. Lee Sarokin for allegedlybeing soft on crime. Dole voted against both. They were confirmed.

The third, James Dennis, was confirmed last fall by voice vote. However,Dole joined an earlier unsuccessful attempt to kill the nomination.

Page 15: Clin Ind 6 [v6.0]

Overall, Republicans had few gripes with Clinton nominees before thepresidential campaign season opened.

Judge Baer and North Carolina Judge James Beaty, the two federal districtjudges currently receiving the most heat, were approved by a unanimousvoice vote by the then Democratic-controlled Senate.

Neither Dole nor Hatch "raised one peep," complained Thomas Jipping, whomonitors judicial selections for the conservative Free Congress Foundation.

"Clinton judges as a group are decidedly more activist thanRepublican-appointed judges and there are many examples of that," Jippingsaid, referring to those who use a broad interpretation of theConstitution.

Senate Republicans haven't done enough to block Clinton's nominations, hesaid. Jipping blames the Senate's reluctance in large part on the traditionof senatorial courtesy. It's a polite dance of White House reliance onsenators to recommend judges from their states with the deference thatsenators then give the president's nominations.

------------------------------------------------------------------------Copyright Union-Tribune Publishing Co.

Gary told me Bersin was up for federal judgeship and Clinton withdrew his papers....was this ever made public? How did Gary know?

(Page B-2 )

Lynne Lasry proposed to president as federal judge

------------------------------------------------------------------------VALERIE ALVORD Staff Writer 11-Aug-1995 Friday Lynne Lasry, a former federal prosecutor now in private practice, isexpected to be the next nominee for a position on San Diego's federalbench.

Sen. Barbara Boxer, D-Calif., has asked President Clinton to nominate Lasryto a seat that will become open when San Diego federal Judge John S.Rhoades Sr. retires from active status in November.

Lasry would be the second nominee pending for the U.S. District Court benchhere. Last month, at Boxer's request, Clinton nominated federal MagistrateBarry Ted Moskowitz to a vacant position.

Page 16: Clin Ind 6 [v6.0]

Moskowitz was named after Boxer's first choice, Superior Court JudgeJudith McConnell, ran into opposition from conservatives angry about adecision she made, which they considered anti-family.

Neither Moskowitz nor Lasry -- both former federal prosecutors -- isexpected to attract controversy, although some conservatives in SanDiego's legal circles have branded them both as liberals.

"She will be a good judge," said Tom Ferraro, a federal prosecutor whoworked with Lasry at the U.S. Attorney's Office. "I don't think you'llfind that there will be any resistance to her. She is not controversial."

Ferraro said that when Lasry left the U.S. Attorney's Office she washandling complex fraud cases.

A graduate of the University of San Diego Law School, Lasry is now apartner in the San Diego law firm of Procopio, Cory, Hargreaves andSavitch.

Boxer said in a prepared statement yesterday that Lasry was chosen by anadvisory committee headed by retired San Diego federal Judge LawrenceIrving.

Lasry, who has represented the county's Citizens Law Enforcement ReviewBoard, got high marks from a former adversary, defense lawyer Mario Conte.

Conte, who now heads San Diego's federal indigent defense program, said heand Lasry opposed each other on a criminal case in the mid-1980s.

"She was touch and tenacious," Conte said. "She is a wonderful choice forfederal judge. She will be fair. She won't be putting her fingers on anyscales. She'll simply call them the way she sees them."

------------------------------------------------------------------------Copyright Union-Tribune Publishing Co.

(Page B-2 )

AROUND THE COUNTY

------------------------------------------------------------------------

Magistrate gets judge nomination

Page 17: Clin Ind 6 [v6.0]

------------------------------------------------------------------------01-Jul-1995 Saturday San Diego -- Federal Magistrate Barry Ted Moskowitz came one step closer tobecoming a U.S. District Court judge yesterday when President Clintonnominated him for an open seat on San Diego's federal bench.

Moskowitz had already been nominated by Sen. Barbara Boxer, D-Calif., whoforwarded his name to Clinton. The next and final step would beconfirmation by the Senate, which is generally considered routine.

However, Boxer's last nominee for the position, San Diego Superior CourtJudge Judith McConnell, was forced to withdraw her name after conservativesin Washington objected to her nomination. McConnell was perceived asanti-family because she had awarded custody of a teen-age boy to hisdeceased father's homosexual lover instead of to his mother, who hadpreviously kidnapped him.

Moskowitz, a former assistant U.S. attorney, has been a federal magistrateabout six years and has not been known to generate controversy.

------------------------------------------------------------------------Copyright Union-Tribune Publishing Co.

(Page B-4:7,8,1,6; B-3:2,3,4,5 )

Moskowitz backed for U.S. judgeship

------------------------------------------------------------------------VALERIE ALVORD Staff Writer 29-Mar-1995 Wednesday Federal Magistrate Barry Ted Moskowitz may be San Diego's next federaljudge.

U.S. Sen. Barbara Boxer said yesterday that she would ask President Clintonto nominate Moskowitz, a former federal prosecutor who has been amagistrate in San Diego since 1986. Clinton could then forward Moskowitz'sname to the Senate for confirmation.

Moskowitz, 44, attended Rutgers University and Rutgers University LawSchool in New Jersey. He is married and lives in Rancho Penasquitos withhis wife and two teen-agers.

As a magistrate, Moskowitz handles misdemeanor criminal trials and theearly stages of civil litigation in federal court at an annual salary of

Page 18: Clin Ind 6 [v6.0]

about $123,000. As a federal judge his salary would jump to about $133,000and he would be one of roughly 500 U.S. District judges serving lifetimeappointments.

Lawyers in San Diego's federal court jokingly refer to Moskowitz'scourtroom as "night court," saying he is so meticulous and attentive todetails that his sessions often go well into the evening hours.

But he is also considered an even-handed judge, said defense lawyer MarthaHall, who said former prosecutors often make the fairest judges.

Moskowitz is Boxer's second choice for the seat on the federal bench here. Last year, she asked Clinton to nominate San Diego Superior Court JudgeJudith McConnell.

McConnell's nomination was stalled by work backlogs and failed to make itto the Senate before Republicans gained a majority in the Novemberelection. Conservative Republicans then vowed to block the nomination ofany judges viewed as too liberal. Because of a 1987 decision by McConnellto award custody of a teen-ager to his dead father's homosexual lover,many politicians viewed her as too controversial, so she withdrew her name.

------------------------------------------------------------------------Copyright Union-Tribune Publishing Co.

(Page E-1 )

Bench mark | JUDGE WON'T LET CAREER SETBACK SLOW HER DOWN ANY

------------------------------------------------------------------------CLARK BROOKS Staff Writer 16-Mar-1995 Thursday

Judge Judith McConnell

Judith McConnell grew up during a time when women were called "the weakersex" and girls aspired to be Della Street, not Perry Mason.

She was one of 24 women in her 1969 law-school class at Berkeley's BoaltHall. The men numbered 254.

"There was a certain amount of hostility toward women law students," shesays, "because our fellow students and faculty felt we were taking up spaceand would never use the degrees."

Page 19: Clin Ind 6 [v6.0]

McConnell has made excellent use of hers. She became a lawyer, then a judgeand was the first woman to preside over the San Diego County SuperiorCourt.

And it appeared she was going to get another promotion last August whenPresident Clinton nominated her to be a U.S. District Court judge. All thatstood between McConnell and a job on the federal bench in San Diego was aU.S. Senate confirmation.

Six weeks after her nomination, however, a Washington Times editorialblasted McConnell for a 1987 decision awarding custody of 16-year-old BrianBatey to the gay companion of his late father.

Clinton, previously burned for trying to open military enlistment to gays,withdrew support of McConnell in January when Republicans took control ofthe Senate. McConnell never got the chance to explain the ruling thatapparently has worked out well for Batey, now happily married and a policeofficer.

She suffered a rare professional setback. But the big loser is the federalcourt, says Bill Vickery, director of the administrative office ofCalifornia's state courts.

"Very selfishly, I'm relieved that she is still part of the state courtsystem," he says. "She is a very bright jurist and someone who emerges as aleader in any setting. She would have served the country very well infederal court, but she will continue to serve our state well."

McConnell was a victim of politics, pure and simple, says HowardTurrentine, a San Diego senior U.S. District Court judge.

"She has a fine reputation among the Superior Court judges," Turrentinesays. "She was a good presiding judge and would have been a welcomeaddition to our court."

McConnell is disappointed. But she smiles and says, "I have a wonderful joband lots of things still to do." Which is typical of the poise andresilience that have taken her this far.

Anything she chose

She was born in Nebraska in 1944, the second of four children. The familymoved to California in 1956, settling in La Canada, near Glendale.

Her mother, Maren McConnell, a career homemaker, and father, PulitzerPrize-winning newspaper editor Raymond McConnell, raised her to believe shecould be anything she chose.

She chose to become an attorney, she says, because "I saw lawyers as peoplewho could be public servants, who could help society."

McConnell graduated Phi Beta Kappa from UC Berkeley in 1966. She earned herlaw degree in the spring of 1969, passed her bar exam on the first try andwent looking for work.

Page 20: Clin Ind 6 [v6.0]

"I sent resumes to a number of firms," she says, "but it was very hard forwomen lawyers to get a job. I actually got a letter from one firm that saidthey were going to `stick with the boys.' "

She took a job in October 1969 with the state Department of Transportationin San Diego, the only woman among five staff attorneys. She left in 1976to open her own practice, sharing office expenses with two womencolleagues.

McConnell was active in the local bar association and founded the LawyersClub of San Diego, a group made up of feminists of either gender.

Jerry Brown, California's governor at the time, appointed her to the SanDiego County Municipal Court in 1977 and promoted her to the Superior Courtthree years later.

She was presiding judge of Juvenile Court in 1986 and 1987 and SuperiorCourt in 1990 and 1991, while raising two children who are now in college. She has been married 26 years.

Rights advocate

McConnell volunteers for countless judicial committees, extra work thathelps satisfy her compulsion to improve the court system.

She has a suitcase full of achievement awards, including one from theNational Association of Counties in 1991 for streamlining courtroomprocedures.

McConnell also has been a champion for courthouse upgrading and expansion. She was involved in preliminary negotiations for the new hall of justicebeing built downtown.

She speaks out for women's rights, trying to help those coming alongbehind her. She is a member of the state Judicial Council's AdvisoryCommittee on Gender Bias, which seeks equal treatment in the legal system,from courtroom demeanor to family-law cases.

As one who does not hesitate to present her views, McConnell takes afterher late father. Raymond McConnell won his 1949 Pulitzer Prize for a seriesof stories on why Nebraska should have a presidential primary.

While stumping against sexism, McConnell has had experiences that might befunny if they were not so frustrating. For example, before a scheduledspeech on gender bias at a judicial conference in 1990, a male colleagueintroduced her as "the attractive Ms. Judith McConnell."

McConnell would rather be called simply "Judge," her hard-earned andrightful title. She appreciates appropriate compliments about herappearance, but she prefers to be recognized for her professionalachievements.

Those, certainly, were what prompted Sen. Barbara Boxer, D-Calif., to

Page 21: Clin Ind 6 [v6.0]

recommend McConnell for a seat on the federal bench and Clinton to nominateher.

The Batey case

McConnell says she had looked forward to explaining the Batey case to theSenate. It was complicated and controversial, shrouded in confidentialissues surrounding Brian's mother, Betty Batey, a fundamentalist Christianwho wanted custody of her son.

Those issues, McConnell says, influenced her decision to place Brian withCraig Corbett, the man who lived with the boy's father for 12 years. Shestill cannot discuss the case publicly, but could have revealed moreinformation in a closed Senate hearing.

Betty Batey had custody of Brian after she divorced her husband, Frank, in1975. But she refused to let the boy's father visit, in violation of acourt order, and custody was awarded to Frank.

Brian lived with his father and Corbett for two years before Betty Bateykidnapped him in 1982. She kept him on the run and out of school until theFBI caught up with her 19 months later. She was charged with felony childstealing, but the case was dismissed.

The boy said in a newspaper interview that he used drugs while moving aboutwith his mother.

Brian asked the court if he could live with Corbett in Palm Springs ratherthan with his mother in San Diego. McConnell presided over the custodyhearing, which ended in November 1987, five months after Frank Batey diedof AIDS.

Today, Brian Batey, 23, lives in a small Midwestern town. Wanting privacy,he declined to be interviewed. Corbett says he has never seen Bateyhappier.

"He loves his work, and he adores this absolutely wonderful girl hemarried," Corbett says. "They own their own home, and they are planning tohave a family next year. I couldn't be more proud of him."

Corbett, 56, says the custody fight consumed nearly all the money he hadset aside for retirement, but he has no regrets.

"I've known Brian since he was a baby, and his dad was my better half," hesays. "Brian is like my own kid. I talk to him at least once a week."

McConnell has no regrets, either. She stands by the Batey decision and ispleased things have worked out well for Brian.

"You have to base your decisions on the law and the evidence you havebefore you," she says. "I don't think you can be an effective judge if youare looking over your shoulder all the time, wondering how it's going tobe played in the newspapers."

Page 22: Clin Ind 6 [v6.0]

------------------------------------------------------------------------Copyright Union-Tribune Publishing Co.

(Page B-3 )

U.S. court nominee sought after McConnell pulls out

------------------------------------------------------------------------UNION-TRIBUNE CORRECTION | A story Monday on a search for new candidates for federal judge incorrectly stated the wishes of a boy whose custody was at the center of a controversial ruling that scuttled San Diego Superior Court Judge Judith McConnell's nomination. The boy asked McConnell to let him live with his deceased father's homosexual lover rather than with his mother. The San Diego Union-Tribune regrets the error. (950202, B-2) 30-Jan-1995 Monday Sen. Barbara Boxer is seeking a new federal court judge nominee torecommend to President Clinton now that San Diego Superior Court JudgeJudith McConnell has pulled out of the running.

McConnell was chosen last year after a selection committee in San Diegoforwarded her name and two others to Boxer for consideration. But McConnellwithdrew her name from consideration after learning the White House didn'twant to fight the new Republican Congress on her behalf.

McConnell said in a letter to Boxer last week that she was withdrawingbecause of controversy over her 1987 ruling giving custody of a 16-year-oldboy to his late father's homosexual lover instead of to his mother, as theboy requested. In the letter, McConnell said her ruling was based onconfidential information that she has never been able to reveal publicly.

Boxer, D-Calif., announced last week that those reviewed previously couldre-apply but said she also was seeking new applicants to be reviewed by anew committee. She said former federal Judge J. Lawrence Irving would headthe committee and that prospective applicants should contact her office byFeb. 9.

Federal trial judges, called U.S. District judges, are appointed by thepresident for life and must be confirmed by the Senate.

Boxer had nominated McConnell and Samuel Paz of Los Angeles, a formerpresident of the American Civil Liberties Union in Southern California. Butshe told them earlier this month that the Clinton administration didn'twant to keep pushing for their confirmation by the GOP-controlled Senate. Boxer also said her discussions with top Republicans persuaded her thatboth nominations were doomed.

Boxer then appointed a federal magistrate to the federal bench in LosAngeles.

Page 23: Clin Ind 6 [v6.0]

------------------------------------------------------------------------Copyright Union-Tribune Publishing Co.

(Page B-1 )McConnell quits bid for federal judgeship

------------------------------------------------------------------------UNION-TRIBUNE and ASSOCIATED PRESS 22-Jan-1995 Sunday San Diego Superior Court Judge Judith McConnell has withdrawn her name fromconsideration for a seat on the San Diego federal bench after learning theWhite House didn't want to fight the new Republican Congress on herbehalf.

McConnell, 50, had run into opposition from conservatives over a 1987decision in which she awarded custody of a 16-year-old boy to his latefather's homosexual lover instead of his mother, a Pentecostal Christian.

On Friday, McConnell asked Sen. Barbara Boxer to remove her name fromconsideration.

Boxer, D-Calif., had nominated McConnell and Samuel Paz, of Los Angeles,for federal judgeships last year. But she informed them both last week thatthe Clinton administration didn't want to keep pushing for confirmation bythe GOP-controlled Senate.

Paz, 51, is a former president of the American Civil Liberties Union inSouthern California.

In the statement, Boxer said she talked to top Republicans and realizedboth nominations were doomed.

McConnell could not be reached for comment.

In Washington, White House Deputy Press Secretary Arthur Jones said lastnight that he was unaware the nominations had been withdrawn and that hedidn't think anyone in President Clinton's administration had sent themessage that they were in peril.

U.S. Attorney Alan Bersin in San Diego, a longtime Clinton friend andstrong McConnell supporter, said he also had not heard the news and said hefound it disappointing.

"If she's withdrawn her name, I regret that decision," Bersin said. "Shewould have been a good addition to the federal court bench, and I thinkthat's a sense that's shared by a large majority of lawyers and judges in

Page 24: Clin Ind 6 [v6.0]

the community."

The news that McConnell won't fight for the U.S. District Court seat endsmonths of speculation that she would have a tough time in nominationhearings before a Senate Judiciary Committee controlled by Republican Sen.Orrin Hatch of Utah and Sen. Strom Thurmond of South Carolina.

Conservative legal analysts in Washington, however, said in interviews lastmonth that she still had a good chance of confirmation if Clinton placedher name before the committee.

The main hurdle, analysts said, was getting her name into nomination by thepresident.

McConnell has been a judge in San Diego since 1977. She has been on theSuperior Court since 1980.

The decision that put her at odds with conservatives involved a long andbitter custody battle between a San Diego woman, Betty Lou Batey, and herhomosexual ex-husband. Both wanted custody of their son, Brian.

After the mother kidnapped the boy and lived underground for several years,the father was given custody. But when he died of AIDS the mother tried toregain custody. McConnell, at Brian's request, awarded the teen-ager tothe father's homosexual lover.

------------------------------------------------------------------------Copyright Union-Tribune Publishing Co.

(Page B-2 )

Clinton taps McConnell for federal court judge

------------------------------------------------------------------------07-Aug-1994 Sunday

Judith McConnell

President Clinton has nominated San Diego Superior Court Judge JudithMcConnell to be a U.S. District judge in San Diego.

He made the nomination on the recommendation of Sen. Barbara Boxer,D-Calif., who suggested McConnell for the lifetime appointment to thefederal bench in November.

McConnell was appointed a San Diego Municipal Court judge in 1977 and

Page 25: Clin Ind 6 [v6.0]

became a Superior Court judge in 1980. She was the first female presidingjudge of the San Diego County Superior Court in 1990 and served as chiefjudge of the county's Juvenile Court from 1984 to 1987.

The nomination by Clinton is the second step in the process for McConnell,whose selection still must be confirmed by the U.S. Senate.

In recommending McConnell last year, Boxer cited the judge's "deepcommitment to fairness and equality."

McConnell has presided over high-publicity cases, including the nationallynoted case in 1987 in which she gave custody of teen-ager Brian Batey tothe homosexual lover of Brian's late father. The decision resulted inhundreds of letters of opposition.

McConnell holds a law degree from Boalt Hall at the UC Berkeley and beganher legal career in civil litigation.

------------------------------------------------------------------------Copyright Union-Tribune Publishing Co.

Valerie Summers4405 34th St.

San Diego, CA 92116(619) 528-9834

October 14, 2000

Senator Charles Grassley, ChairmanFBI Oversight Subcommittee135 Hart Bldg.Washington, D.C. 20510

James M. Inhofe, SenatorArmed Services Committee453 Russell Senate Office BuildingWashington, D.C. 20510

Richard C. Shelby, ChairmanSenate Select Committee On IntelligenceSH-211 Hart Bldg.Washington, D.C. 20510

Chairman Dan BurtonGovernment Reform Committee2185 Rayburn House Office BuildingWashington, D.C. 20515

Page 26: Clin Ind 6 [v6.0]

Dear Honorable Gentlemen:

For a year and a half my computers have been illegally accessed. Someone continues to break in my home and wire my computers so that they can be accessed remotely. When I am online, someone boots me off and steals my files. I have complained to SDPD, the D.A., the FBI, San Diego FBI, Los Angeles, FBI, Washington, to Congress and to Steve Case from AOL. To this day, nothing has been done to stop this illegal activity. I even bought a new computer, and someone illegally entered my home again and wired that one as well. As I have told you, my life is, and has been in danger because of our maniac President and his murderous ways. I no longer work because I found out my employer was involved in the contract on my life and not one person would help me - including members of Congress or Governor Davis. So far no one has seemed to care whatsoever that I, a citizen of this supposedly free country, live as though I am a Jew living in Nazi Germany. Even the people whose very lives I saved seem to feel they have no obligation to assist me. My city government, state government and national government have failed me. Recently I was framed by a neighbor who moved here from Hillary Clinton’s “home” state whom I believe is an agent provocateur. I was framed after he assaulted me, and he got a restraining order against me granted by just another crooked judge in San Diego after the batterer declared I was a “threat to the community” based on lies. He, in fact, is the threat to the community, but we all know how the Clinton’s work with smear and character assassinations.

He did this because I filed another complaint with the FBI about the constant and continual harassment by the police. I believe my brother- a mind control experiment - was murdered by prescription drugs in retaliation for this.

Enclosed is a rough draft of research I was compiling that was illegally downloaded. It is in very rough draft form. I was in the process of gathering research and then was going to pare it down to explain my theory that Clinton has turned this country into regions run by corporations in an organized crime model of government.

Here is a summary of my theory based on actual events:

Multimillionaire John Moores, San Diego Padres owner, CEO, UCSD Chair, is using his “philanthropy” as a front for mind control slavery organization, and this is a pattern being used across the nation. Gore’s reinventing America, in fact privatized the government, and the corporate heads are using CIA mind control secrets provided by former CIA Director John Deutch to gain control of local governments schools and medical systems.

One of our Council members was diagnosed with cancer a few years back. According to the Union-Tribune, “When Stallings was diagnosed with cancer, Moores visited her frequently in the hospital. She and Moores became close friends. And Stallings has always been a strong supporter of the ballpark project.”

Was she mind controlled in the hospital? Was Moores her handler?

Stallings suspected of leaking city secrets | Sources say Moores also a focus of ballpark probe

Philip J. LaVelle STAFF WRITER 11-Aug-2000 Friday

Page 27: Clin Ind 6 [v6.0]

http://www.uniontribune.com/news/utarchives/cgi/idoc.cgi?588805+ u n i x + + w w w . u n i o n t r i b . c o m . . 8 0 + U n i o n - T r i b u n e + U n i o n -Tribune+Library+Library++%28Stallings

Both council members told investigators about one incident, rumored formonths at City Hall, in which Stallings was suspected of tipping off Mooresby telephone in the midst of a closed-session meeting. Neither officialcould pin down precisely when the alleged event occurred, other than to sayit took place during the period in which the city was in talks with thePadres, most likely in the summer of 1998.

According to accounts provided by several sources, Stallings got up at onepoint during the private meeting and placed a call from a telephone locatedon the periphery of the room, dominated by a large conference table andlocated on the 12th floor of City Hall next to the council's open chambers.

One council member became suspicious and alerted Golding, who reportedlygot up, walked over to Stallings and directed her to hang up.

Golding was out of town and could not be reached for comment.

According to records obtained by The San Diego Union-Tribune under theCalifornia Public Records Act, Stallings used city phones to place 16 callsto Moores between 1998 and this year. Four of these came in the two monthsbefore her initial purchase of Neon stock, including two calls to NeonSystems headquarters Feb. 23, 1999, and one to Neon Systems on March 1,1999, four days before she bought the stock.

Is this why the DoD diverted military funds? For non-lethal weaponry?“Non-defense items clog Defense budget: Breast cancer research, marijuana eradication, black college aid, Native American health care

------------------------------------------------------------------------

By Jon E. Dougherty© 2000 WorldNetDaily.com An "incestuous relationship" between the administration and civilians appointed to "key positions throughout the Pentagon" has enabled the Clinton-Gore White House to quietly shift hundreds of millions of dollars of the defense budget to fund favorite non-military social, health and research programs -- one of the biggest such line items being $175 million for breast-cancer research -- according to a high-ranking Pentagon official.”

By tracing Moores’ donations and activities I can verify the possibility of my theory being true; that the country has been taken over by corporate mob bosses using mind control as Hillary Clinton’s Marxist health care plan has being implemented step by step in spite of the fact that Americans rejected it.

The following article is just one that indicates there is such a plan to mind control the world for

Page 28: Clin Ind 6 [v6.0]

the wealthy:

Mind Control Slavery and the New World Order

According to this extremely disturbing report, Monarch Program mind-control survivors claim to have been used as high-tech slaves by certain intelligence agencies and top-ranking politicians.

From our web page at: www.nexusmagazine.com

by Uri Dowbenko © 1998E-mail: [email protected]

------------------------------------------------------------------------High-tech slavery is alive and well on planet Earth. Ever since World War II when the United States Government's Project Paperclip sponsored the resettlement of about 2,000 high-level Nazis in the United States, the technology of mind-control programming has advanced rapidly."The Germans under the Nazi government began to do serious scientific research into trauma-based mind control," write Fritz Springmeier and Cisco Wheeler in their book, The Illuminati Formula used to create an Undetectable Total Mind Controlled Slave. "Under the auspices of the Kaiser Wilhelm Medical Institute in Berlin, Josef Mengele conducted mind-control research on thousands of twins and thousands of other hapless victims."Mengele, known as "the Angel of Death", was one of the approximately 900 military scientists and medical researchers secretly exfiltrated into the United States, where he continued his 'research' and trained others in the black arts of mind control. This work in behaviour manipulation was later incorporated into the CIA's projects Bluebird and Artichoke which, in 1953, became the notorious MKULTRA. The CIA claims that these programs were discontinued, but there is no credible evidence that "The Search for the Manchurian Candidate" (the title of the definitive book by John Marks) ever ceased.In fact, Captain John McCarthy, US Army Special Forces (Ret.), who ran CIA assassination teams out of Saigon during the Vietnam War, told his friend, LAPD whistleblower Mike Ruppert, that "MKULTRA is a CIA acronym that officially stands for 'Manufacturing Killers Utilizing Lethal Tradecraft Requiring Assassinations'". Thus the CIA's official obsession with

Page 29: Clin Ind 6 [v6.0]

producing programmed killers through the MKULTRA contained more than 149 sub-programs in fields ranging from biology, pharmacology, psychology to laser physics and ESP.More recently, new evidence points to the continuous use of so-called trauma-based programming techniques to accomplish the same goal. This includes the deliberate induction of Multiple Personality Disorder (MPD) in involuntary human subjects - in essence, human guinea pigs.

This rough draft file I am sending you has been stolen and further endangers my life. I will complete this theory and eliminate excess verbiage and mail a finished copy to you, but I do not know if I will live long enough to do this. I am, therefore, sending it to you now.

By the way, since no one helped me I lost everything I ever worked for. This should embarrass and shame all people whom I asked for help, but I have found out that humans are not very human these days.

I found out today one of my former History students was killed on the U.S.S. Cole. I regret teaching her to be a patriot. I now know that what I taught her about America was lies.

Sincerely,

Valerie Summers

Key members from the Jason Scholars, Secret Society

The "Wise Men" were key members of the Council on ForeignRelations. The membership totalled twelve which included sixindividuals from governmental positions thus the name, MajorityTwelve. This group was made up over the years of the top officersand directors of the Council on Foreign Relations and later onfrom the Trilateral Commission. Notable names as Gordon Dean,George Bush, and Zbigniew Brzezinski were among them. The mostimportant and influential of the "Wise Men" who served on MJ-12were John McCloy, Robert Lovett, Averell Harriman, CharlesBohlen, George Kennan, and Dean Acheson. It is significant torecall that President Eisenhower as well as the first six MJ-12members from government state departments were also members ofthe Council on Foreign Relations.

Thorough researchers will soon discover that not all the "WiseMen" attended Harvard or Yale and not all of them were chosenfrom "Skull and Bones" or "Scroll and Key" memberships duringtheir college years. You will be able to quickly clear up thismystery by obtaining the book The Wise Men by Walter Isaacson andEvan Thomas, Simon and Schuster, New York. Under illustration #9in the center of the book you will find the caption "Lovett withthe Yale Unit, above far right, and on the beach: His initiationinto Skull and Bones came at an airbase near Dunkirk". I havefound that members were chosen on an ongoing basis by invitation

Page 30: Clin Ind 6 [v6.0]

based upon merit post college and was not confined to onlyHarvard or Yale Grads.

A chosen few were later initiated into the Jason Society. Theyare all members of the Council on Foreign Relations and at thattime were known as the "Eastern Establishment". This should giveyou a clue to the far reaching and serious nature of these verysecret college societies. The Jason Society is alive and welltoday, and now includes members within the Trilateral Commissionas well. The Trilateralists existed secretly several years before1973. The name of the Trilateral Commission as you remember wastaken from the alien's flag insignia known as the "TrilateralInsignia".

MJ-12 Known Under Many Names

Majority Twelve was to survive right up to the present day.However, under Presidents Eisenhower and Kennedy it waserroneously called the "5412 Committee"; more correctly, it wascalled the "Special Group". In the Johnson administration itbecame known as the "303 Committee" because the name 5412 hadbeen compromised in the book The Secret Government. ActuallyNSC5412/1 was leaked to the author to hide the existence of NSC5410. While under Nixon, Ford, and Carter the Special Group wascalled the "40 Committee". And under Reagan, it became the "PI40Committee". Over all those years its purpose remained the same,only the name changed.

http://www.rcbbs.com/secretgov.htm

(Page B-1 )

After 2 years as DA, Pfingst revels in his job | Criticized by some as too political, he says he works for the people

------------------------------------------------------------------------Anne Krueger STAFF WRITER 06-Jan-1997 Monday

Paul Pfingst

Paul Pfingst ran for district attorney on the slogan "A prosecutor, not apolitician."

Page 31: Clin Ind 6 [v6.0]

Now, two years after taking office, he is accused of being more of apolitician than a prosecutor.

But Pfingst makes no apologies for the way he's done his job. He revels inthe work of the county's top law enforcement officer.

"I enjoy what I do tremendously," he said with characteristic enthusiasm. "I love coming to work each day."

Pfingst, 45, was a political novice when he was sworn in as districtattorney Jan. 3, 1995. Since then, he has established a name for himself inSan Diego County and around the state.

His office is recognized as the toughest in California in its enforcementof the three-strikes law aimed at punishing career criminals. He's beenaggressive in prosecuting juveniles -- who commit particularly heinouscrimes -- as adults. He's beefed up collection of child support fromwayward parents.

Pfingst, talkative and well-versed on a variety of subjects, has endearedhimself to the media as a master of the "sound bite," the pithy quote thatis a mainstay of television news.

The red-haired, bespectacled former New Yorker doesn't hesitate to letreporters know when he feels they have treated him unfairly, but he actsjust as quickly to remain in the media's good graces.

Pfingst's critics say they believe he reacts too much to the pulse of thepublic and the spotlight of the television cameras in determiningprosecution policies.

"Paul is a politician," said Carol Hopkins, an activist who was one ofPfingst's biggest supporters during his campaign. "Sometimes he takespositions because they are politically popular as opposed to beingappropriate for a prosecutor."

Pfingst said he believes it's his job to listen and act.

"I don't believe it's the role of an elected official to negate the will ofthe people," Pfingst said. "The public is my boss. I work for them."

A former prosecutor and civil defense lawyer, Pfingst won election asdistrict attorney in 1994 after coming out on top of a five-man race thatincluded Edwin Miller Jr., who was increasingly criticized near the end ofhis 24 years in office for some management and prosecution decisions.

As a rule, Miller made few public appearances and seemed more comfortablewith his fellow attorneys than in making speeches before community groups. He rarely talked to reporters and let his public relations staff fieldinquiries.

Pfingst, in contrast, makes a point of speaking to community groups. Hewalks through the courthouse to watch his prosecutors in action or chat

Page 32: Clin Ind 6 [v6.0]

with judges or courthouse reporters.

In unusual moves, he argued a case in Superior Court and appeared before astate appeals court in favor of a new law allowing 14-year-olds to standtrial as adults for serious crimes. He argued before the state SupremeCourt but was unsuccessful in convincing the justices that judges shouldnot be given discretion in enforcing the three-strikes law.

"I think he has a political agenda," said defense lawyer Elisabeth Semel. "In that respect, he is a very different district attorney than Ed Millerwas. There are those who would say that is a good thing, and some who wouldsay that was not."

Pfingst's second-in-command, Greg Thompson, worked under two otherCalifornia district attorneys before Pfingst asked him to come to San Diegoin 1995. He discounted claims that Pfingst is too political.

"When people talk about being a politician, they misinterpret Paul,"Thompson said. "There's an accountability to the public. They've made him asteward of the office and he has an obligation to report back to them."

Three strikes

Defense lawyers critical of Pfingst most often cite his stand on the threestrikes law -- a position that Pfingst mentions with pride.

"We've been the state of California poster child for going after threestrikes cases," Pfingst said.

Under the law, criminals with two previous convictions for serious orviolent felonies face a prison sentence of 25 years to life for any thirdfelony offense. Defense lawyers and many judges have complained that peoplewhose third offense is relatively minor are being warehoused in prison.

The criticism of Pfingst for his stance on three strikes is grounded in hiscampaign for office.

At the time, he -- along with all the state's elected district attorneys --supported a version of the three-strikes bill that called for life termsonly if the third strike was a serious or violent offense such as robbery. That version was defeated in favor of the harsher one now in effect.

Several defense lawyers say they are disappointed that Pfingst enforcesthree strikes so stringently after opposing it on the campaign trail.

"Sending someone to state prison for stealing food or for a single rock ofcocaine is a certain betrayal not only of the public trust, but what he ledthe public to expect," Deputy Public Defender Kate Coyne said.

"His public had a right to believe that since he was personally opposed toit, they could give him the tool of three strikes and he could use hisinherent power to do right, to do justice."

But Pfingst said he always promised to enforce whatever version of the

Page 33: Clin Ind 6 [v6.0]

three-strikes law was passed.

"I don't think complying with the three-strikes statute is a politicaldecision. Perhaps not complying with it is a political decision," Pfingstsaid.

He credits the law with helping to cut the county's crime rate 20 percent.

"Three strikes has exceeded my expectations in terms of crime reduction,"Pfingst said. "Some people would rather attribute the decrease in crime toa lunar eclipse than to three strikes."

A new teamwork

Pfingst has received universal praise for his efforts to forge cooperationamong local, state and federal law enforcement agencies.

He and other county law enforcement officials meet regularly to talk aboutcommon concerns, such as establishing a countywide policy for handlingshootings by a police officer. Pfingst and U.S. Attorney Alan Bersin haveworked together in drug prosecutions and in pursuit of deadbeat parents whocross state lines.

"He's been willing to listen and come up with ideas," said San Diego PoliceChief Jerry Sanders. "We interact fairly frequently at a lot of differentlevels and that's been excellent."

County Supervisor Dianne Jacob said she's seen a change in the way lawenforcement officials work together.

"In the last two years, for the first time in decades in this county, wehave had a team, with Paul Pfingst as district attorney and Bill Kolenderas sheriff," she said.

Defense lawyers said Pfingst has been more willing to talk over cases withthem than Miller or his top deputies were.

"He's certainly willing to take a good look into cases more carefully,"lawyer Bill Nimmo said. "I didn't feel nearly as comfortable approachingthe top guys before."

Hopkins, who heads a group that examines criminal cases around the countrythat it feels were wrongly prosecuted, said Pfingst is always willing tohear her opinion.

"No matter how much we disagree on issues, the door is always open,"Hopkins said. "He's very responsive to criticism. He's met with many peopleI think his predecessor never would have met with."

Some judges were ruffled when Pfingst took the unusual step of having hisprosecutors boycott the Vista courtroom of Superior Court Judge HerbertHoffman last year. Pfingst declined to specify why he boycotted Hoffman,but some defense lawyers accused him of trying to punish an

Page 34: Clin Ind 6 [v6.0]

independent-minded judge.

It is well known that some rulings by the judge have upset prosecutors. Inone case, for example, Hoffman reduced a second-degree murder verdict tovoluntary manslaughter. In a second case involving a nursing assistant whowas charged with groping patients, Hoffman sentenced the man to probationafter the assistant entered no-contest pleas to six misdemeanor charges.

Prosecutors under Miller also boycotted Hoffman, from 1990 to 1993. Hoffmanrecently transferred to the downtown San Diego courthouse, where he hearscivil cases.

"We did it in as low-key a style as possible," Pfingst said. "Generally,our relationship with judges has been good."

Miller was criticized during his tenure for almost never prosecuting policeofficers involved in shootings. But when Pfingst's office filed chargesagainst Christopher Chaney, the first officer in the city of San Diego tobe charged with a crime for using his gun while on duty, some critics saidPfingst chose the wrong cop to prosecute.

After just 10 minutes of deliberation in May, jurors acquitted Chaney ofshooting motorist Antonio Bogarin in the arm after a high-speed chase inSouth San Diego. Bogarin admitted that he rammed Chaney's police cruisertwice before fleeing.

Bill Braniff, a former U.S. attorney who represented Chaney for free, saidprosecutors shouldn't have taken the case to trial.

"I think that the District Attorney's Office should have taken moreresponsibility for that case and looked at it harder rather than pass it onto the jury and let them make the decision," he said.

Pfingst said Chaney's case needed to be decided by a jury.

"The jury has spoken on that -- and that's it," Pfingst said. "No matterwhat you decide on these cases, one side or the other will accuse you ofmaking a political decision rather than one on the merits."

Child support priority

One of Pfingst's campaign promises was to beef up the district attorney'sfamily support division, which is responsible for collecting child support.

He's doubled the number of employees working in the division, to 500.Collections have increased 40 percent, to $62.5 million this year, earningSan Diego County an award for most improved family support division fromthe California Family Support Council.

Collections have improved so much that the District Attorney's Office hasbeen deemed in full compliance with state and federal guidelines and cankeep 14 percent of the money. Previously, the office was considered out ofcompliance and could keep only about 8 percent of child supportcollections.

Page 35: Clin Ind 6 [v6.0]

Critics say child support collections under Miller were so abysmal that thefigures could only go up. And some mothers still trying to collect supportfrom long-lost fathers complain that they don't get enough help.

Pfingst said he wants to hire more employees and improve equipment to trackdown tough cases.

Some of Pfingst's toughest challenges have come within his own office.

Miller's staunchest supporters were the prosecutors who worked for him. Hewas supported by the Deputy District Attorneys Association and dozens ofprosecutors contributed to his campaign.

Pfingst disheartened many of his 260 prosecutors when he announced at astaff meeting last year that few promotions are available. Currently, 84attorneys in the office have applied for a handful -- the exact number hasnot yet been announced -- of high-level vacancies.

Several prosecutors said they'll be studying closely to see whetherPfingst's choices for the jobs are influenced by politics, such as whethercontributors to his 1994 campaign get the promotions. Pfingst said he hasattempted to eliminate any suggestion of politics by carefully structuringthe promotion process so that he is removed from the first round ofselections.

Many lawyers and judges who've watched Pfingst say they're still undecidedabout his effectiveness as district attorney. After Miller's legacy of morethan two decades, they're hesitant to draw conclusions about Pfingst afteronly two years.

"I think in a lot of respects, the jury is still out on Paul Pfingst," onejudge said.

------------------------------------------------------------------------Copyright Union-Tribune Publishing Co.

We began planning our third and much larger bombing action. This one grew out of a mishmash of old ideas and discarded suggestions. The target this time was the Marin County Civic Center, an unusual Frank Lloyd Wright futuristic building, all pink with a bright blue roof, which housed the county courthouse, sheriff's department, county offices, a law library, and a public library. Marin County was the land of the rich and bourgeois, a worthy target for revolutionaries; besides, we were familiar with it. Jim Kilgore and his parents had lived in Marin County and some of the others had gone to the Civic Center to get birth certificates which we used for our false identities.After scouting the building, Josephine returned to tell us that she had wandered into the sheriff's office without being stopped, and if she had had a bomb with her, she could easily have planted it. She and Emily went back to the sheriff's office for another visit, but this time they were stopped and challenged. "We're looking for the law library," Emily told a deputy and he directed the SLA general and her foot soldier to the proper doorway.As a result of that encounter, Emily came up with a plan to set off two bombs rather than one at the Civic Center - one beneath a car in the lower parking lot and the other beneath a police vehicle parked in front of the sheriff's office.

Page 36: Clin Ind 6 [v6.0]

Her idea was to time the explosions very carefully so that the bomb in the parking lot would explode first and then, when the deputies rushed out of the sheriff's office in response to that explosion, the second bomb would explode in their faces. Teko was delighted.Wendy hated the idea. She pointed out that the sheriff's office and the law library were adjacent and that the explosion would draw law students as well as sheriff's deputies out to the scene. They could be killed as well as the deputies. Yolanda tried to convince Wendy that innocent bystanders sometimes become victims in the revolution. When that did not work, she told Wendy, "Those law students are studying to be lawyers and they'll go to work for some big, piggy corporation, and so they are pigs too."Wendy tried to reason with her, saying, "But they could be radicals who are trying to change the system too, or they might want to be public defenders and to help people. You don't know who you might kill." But the Harrises were unmoved. We would go ahead with the action according to their dictates, but Wendy refused to have anything to do with us during this operation.In the excitement, the scheme was augmented with the idea of a simultaneous bombing action in Los Angeles. In that way, we would persuade the world that the Jonathan Jackson/Sam Melville Unit of the New World Liberation Front was no ordinary group, but that we were strong enough to carry out actions in northern and southern California simultaneously.

Patty Hearst Every Secret thing pg 350?

http://www.lektrik.com/feature/pipebomb.htm

(Page A-1 )

Slayer's plot to kill local judge foiled | Lifer gave orders from prison; prosecutor, detective also targeted

------------------------------------------------------------------------J. Harry Jones STAFF WRITER 06-Jun-2000 Tuesday A plot hatched by a murderer in prison to kill a Superior Court judge, aprosecutor and a sheriff's detective involved in his conviction has beenthwarted with the arrest of two San Diego men, authorities say.

The plan was orchestrated by the killer, serving a term of life without thepossibility of parole for the 1998 murder of a La Mesa liquor store clerkin one of a string of robberies across the county, officials said.

The details were confirmed yesterday by high-ranking law enforcementofficials who asked not to be identified while a quickly organizedmultiagency investigation continues.

Authorities said they were so concerned about the threat that theprosecutor was moved out of his home and 24-hour security was arranged forthe judge.

Officials said there also apparently was an attempt to kill an informant inthe case while he was testifying at the trial in which the murderer,

Page 37: Clin Ind 6 [v6.0]

Marquell Smith, a Skyline-area gang member, was convicted.

At that time, fellow gang members managed to smuggle weapons past a metaldetector at the San Diego County Courthouse before they were scared off bya District Attorney's investigator who became suspicious and summoned help,authorities said. The authorities said the plot was revealed to detectiveslast Thursday by another informant, who provided detailed information aboutplans to kill Deputy District Attorney Michael Groch, Judge John Thompsonand former sheriff's Detective Jim Piscitelli. Piscitelli was recentlypromoted to the rank of sergeant.

Smith, 24, was sentenced April 4 by Thompson to life without thepossibility of parole, plus an additional 206 years, for a series ofrobberies and the murder of 19-year-old Adrian Garmo, a college student whowas killed during a holdup of his family's liquor store.

Groch, who authorities said was the primary target of the murder plot, wasthe prosecutor in the case and Piscitelli was the lead investigator.

The informant told detectives that Smith had ordered the murders of allthree men, according to authorities, and said that several members of theSkyline-area street gang recently gathered in a motel and watched avideotape of Groch to familiarize themselves with what he looked like.

Where they got the tape is under investigation.

While they watched the tape, the informant told detectives, Smith was on aspeaker phone calling from Donovan State Prison explaining how the judge,prosecutor and detective were to be killed.

Search warrants served on Friday and over the weekend at variousunidentified locations netted evidence corroborating the informant'sinformation, officials said.

The informant also told detectives that one of the men involved in the plotkilled Lashana Latrice Newman, 18, a transient with a record ofprostitution convictions. Her body was found dumped near Dictionary Hill inSpring Valley on April 11 in what sheriff's deputies have listed as anunsolved homicide.

On Saturday night, San Diego police arrested Aswad Walker, 23, in the case. Because he is being held without bail on a parole violation, authoritiessaid they do not have to immediately file charges in a case they said isstill under investigation.

On Sunday afternoon, Toney Barton, 37, was taken into custody on a drugcharge. His bail was set at $1 million.

Assistant District Attorney Greg Thompson said yesterday he could notcomment on the investigation other than to say, "It is extraordinarilyserious and the DA is taking it that way."

Officials confirmed that the investigation is still under way and thatother gang members may be involved.

Page 38: Clin Ind 6 [v6.0]

The informant also told authorities about the earlier plan to silence thekey witness against Smith.

The informant said that during Smith's trial, a group of gang members wentto the San Diego courthouse to kill the informant, and were able to sneakweapons past the main security checkpoint and then walk, armed, toThompson's courtroom.

However, a District Attorney's investigator noticed the gang membersmilling about in the hallway and called sheriff's deputies, who contactedsome of the men. Some of the gang members were arrested on outstandingwarrants, but others escaped.

The informant told detectives the plan was for some of the men to create adiversion in the hallway while two others went into the courtroom andkilled the witness.

"This is a disturbing reminder of the type of people we're working to keepoff the streets," Groch said last night. "This seems like a clear-cutconspiracy to commit murder.

Groch said he has no immediate plans to return to his home.

"I will be out of the house for the foreseeable future," he said.

Groch said he feels safe talking about what has happened "because of theamazing response of the Police Department, my office, and the Sheriff'sDepartment. Because of that I really do feel comfortable and in goodhands."

------------------------------------------------------------------------Copyright Union-Tribune Publishing Co.

-