Thursday, September 18, 2014

(Mendocino County) DA responds to Grand Jury on animal cruelty prosecutions

Disappointed in accuracy of report

September 18, 2014
The Willits News
By Linda Williams

The Mendocino County District Attorney David Eyster responded to Mendocino County Grand Jury Report on animal control services by expressing disappointment with the accuracy of the findings and recommendations.

"This report – on its face – manifests a wholly inadequate and incomplete investigation, yet still seeks to make recommendations regarding the District Attorney's scope of oversight, duty to review crime reports, and responsibility where appropriate to initiate the prosecution of a certain category of defendant," said Eyster in his response. "From the District Attorney's perspective, this is a cursory and incomplete work in progress. How could it be possible that the Grand Jury failed to seek input from the District Attorney or his staff prior to making "findings" and "recommendations" that directly comment on and relate to the business of the District Attorney?

"Moreover, the Grand Jury did not attempt to investigate whether one or more witnesses it may have heard from had personal agendas and/or may have provided inaccurate or incomplete information, which in the final analysis seems to be the case. The accuracy of information received by the Grand Jury, or lack thereof, could have easily been fact-checked based on available electronic records maintained in the District Attorney's two record management systems, in public records maintained by the courts, or in the Sheriff's data management system. The District Attorney has had a professional and cordial business relationship with the Grand Jury since taking office in January 2011 and hopes that relationship continues.

However, that relationship notwithstanding, this report is lacking."

For a number of the findings, especially those dealing with internal Animal Control Services procedures and policies, Eyster advised these issues were the responsibility of the Mendocino County Sheriff's Office.

Eyster had plenty to say on several of the findings and recommendations.

•"Finding 22. Veterinarians and Animal Control Officers are concerned about the District Attorney's lack of prosecution of animal abuse or neglect cases," in the Grand Jury report.

Eyster's response: "The District Attorney disagrees with this finding because there is no information provided to agree with."

In the response Eyster expressed surprise the Grand Jury failed to ask his office to provide details on his office's handling of animal abuse cases. He stated he has never received communication from any state licensed veterinarian involved in an abuse investigation. He also stated neither the sheriff nor any animal control officer has come to the DA with any concerns about the review of, or lack of prosecution of any animal abuse case. Eyster then provided the following statistics:

"In calendar year 2011, Animal Control submitted only one (1) report for charging consideration by the DA. That single report was declined for prosecution by the Deputy District Attorney who reviewed it, noting that the rejection was in the interests of justice. Animal Control personnel did not seek further review of this declination by the District Attorney or his management-level attorneys, as is allowed.

"In calendar year 2012, Animal Control submitted no reports for charging consideration by the DA.

"In calendar year 2013, Animal Control submitted four (4) reports for charging consideration by the DA. Two reports were declined for prosecution based on the insufficiency of the evidence developed by Animal Control in the course of its investigation. The third report was combined with a separate Sheriff's Office report and approved for combined charging in a single accusatory pleading. The charged defendant was ultimately convicted of misdemeanor animal neglect and is currently on court probation. The fourth report was approved for filing and the District Attorney has already obtained a felony conviction against that defendant for his misconduct.

"During the first six months of 2014, Animal Control has submitted one report. That report was approved for charging.

"In summary, Animal Control has submitted only six (6) reports in the last 42 months to the DA. Three reports were accepted for prosecution. Three reports were declined for prosecution – two of those three were returned for lack of evidence having been developed during Animal Control's investigation so that any crime could be proven beyond a reasonable doubt to a jury with admissible evidence."

•F23. The District Attorney's reluctance to prosecute animal abuse cases, for whatever reason, has led to abusive owners keeping the abused animals longer.

"Had the Grand Jury exercised due diligence and actually reviewed available public and in-house records, it would have discovered that the District Attorney has indeed been diligent in the prosecution of animal abuse or neglect cases, and has been winning convictions on these cases since taking office in January 2011. The Grand Jury would have also learned that Animal Control is not the only law enforcement "game" in town. Other law enforcement agencies – perhaps more experienced in investigations, evidence collection, and report writing – have had their animal abuse or neglect cases reviewed, approved, and prosecuted.

"Examples of actual animal cases that the Grand Jury should have reviewed to determine whether the District Attorney's Office has actually been prosecuting animal abuse or neglect cases with no hint of reluctance are the following:

"Defendant Culpepper (14-76063) was sentenced to two years probation July 28, 2014, having pled no contest to misdemeanor animal abuse on June 2, 2014. The defendant was ordered to serve 180 days in the county jail as a condition of a two year term of probation (Submitted to the DA by Animal Control)

"Defendant Gitchel (13-74286) was prosecuted and he is participating in rehabilitative Drug Court, as authorized by law, having pled no contest to felony animal abuse on November 5, 2013. (Submitted to the DA by Fish and Wildlife)

"Defendant Phillips (13-75117) was convicted of misdemeanor maintaining a public nuisance relating to animals. She is now on 36 months probation, as of June 17, 2014, with court-ordered limitations on the number of animals she may possess and other terms and conditions. (Submitted to the DA by the Sheriff's Office and Animal Control)

"Defendant Lane (13-72623) was prosecuted and sentenced to state prison for felony animal abuse, having been convicted of that charge by jury. (Submitted to the DA by the Fort Bragg Police Department).

"Defendant O'Brien (12-70506) was prosecuted and he is currently on supervised probation for felony animal abuse. (Submitted to the DA by the Sheriff's Office).

"Defendant Keiley (12-23121) was taken before a jury on misdemeanor animal abuse charges. He was found not guilty by that jury of his peers. (Submitted to the DA by the Fort Bragg Police Department).

"Defendant Aceves (12-22933) was prosecuted and he is currently on supervised probation for misdemeanor animal abuse. (Submitted to the DA by the Willits Police Department).

"Defendant Clemons (12-22404) was prosecuted but the magistrate refused to hold him to answer on the felony animal abuse charge. The court dismissed the case. (Submitted to the DA by the Fort Bragg Police Department).

"Defendant Shamhart (12-2144) was prosecuted and convicted of misdemeanor animal neglect. (Submitted to the DA by Animal Control).

"Defendant Lawrence (10-12531) was convicted by the prior administration of felony animal abuse and placed on supervised probation. The current District Attorney caused that supervised probation to be permanently revoked in 2011 and successfully argued for Lawrence to be sent to state prison in 2011 for violating probation. (Submitted to the DA by the Sheriff's Office)"

•Finding 24. Lack of prosecution leads to Animal Control putting more emphasis on working with abusive owners longer in an attempt to alter owner behavior before proceedings with removal of the animals.

"The District Attorney does not agree with the overall premise that the District Attorney is somehow forcing Animal Control to do things it does not otherwise want to do. While the District Attorney has his own in-house investigators, Animal Control has never sought assistance from these more experienced investigators."

•Recommendation 10. The District Attorney and the County Sheriff meet to establish guidelines setting forth the standards necessary to refer a case to the District Attorney's Office for prosecution. (F22, F23, F24)

"The District Attorney does not agree with this recommendation because guidelines and standards already exist and no additional or special guidelines and standards need be established for Animal Control."

The full text of the District Attorney's response can be found at; the Grand Jury Reports are available at

(San Diego County) Military vehicle doesn’t belong at San Diego schools

September 17, 2014
U-T San Diego
By Terry E. Brooks

Imagine you’re a student at Morse High School; you walk on campus and see a military assault vehicle in the auto shop. How would you feel? Obviously, no one asked the students how they felt when the San Diego Unified School District took delivery of the vehicle in April with little advance notice to anyone.

When I became aware of the acquisition last week, I had to wonder what the district thinking was. Have we become so afraid of our students that school security must display the same militarization that has been used by police departments across the nation? Is it because the Mine Resistant Ambush-Protected (MRAP) vehicle was free? Maybe it is simply the imbalance between individual actions and actions which benefit the entire district.

I was troubled when I heard the district police explain the acquisition. In a recent interview, district police Capt. Joe Florentino stated that the purpose of the MRAP is for rescue missions only. “When we have an emergency at a school, we’ve got to get in and save kids. Our idea is ‘How can we get in and pull out a classroom at a time of kids if there’s an active shooter?’” said Florentino. “If there’s a fire [or] if there’s an earthquake, can we rip down a wall? Stuff like that.”

We must remember, these vehicles were sent to Iraq to help the troops who ventured into potential land mines. The manufacturer markets the MRAP as the single most effective counter to improvised explosive devices. Clearly there is a fundamental difference of opinion as to the appropriateness of school police owning such a vehicle, particularly in communities of color.

What happened to the use of the district’s emergency response procedures, including one called site shelter-in-place? This is the specific procedure which is followed when it has been determined that evacuating the site is more dangerous than taking shelter inside a building. Capt. Florentino would have us believe that it is better to knock down a wall rather than follow the standing procedure of site-shelter-on-place.

In March 2014, the county grand jury filed a report entitled “School Security — There is no greater purpose.” The grand jury’s investigation focused on four major areas:
    Implementing and exercising school emergency preparedness plans
    Training of school administrators, teachers and support staff
    Strengthening partnerships with public safety officials
    Evaluating and refining school security measures

The grand jury made several findings, and the purchase of a military assault vehicle was not one of them. It should be noted that all 42 San Diego County school districts had a deadline of June 23, 2014, to respond to the grand jury report.

The solution is simple: Send the MRAP vehicle back to Texas!

I recommend that the district take the following additional actions:
1) Post its response to the grand jury from the March 2014 report.
2) Evaluate the resources available for mental health services.
3) Investigate the possibility of adopting a districtwide civility policy since a quality school experience depends, in great part, on how students, teachers and parents treat each other. This can contribute to the reduction of negative interactions, which sometimes fester and/or escalate.
4) Trust the public and engage when decisions of this magnitude are being made.

I trust the San Diego Unified Board of Education will do the right thing by focusing on the “Clear and Present Danger” … the need to improve student performance in our neighborhood school. Yes, we have the audacity to demand that it happen, because our students deserve better.

Brooks, senior pastor of Bayview Baptist Church since July 2013, is a theological preacher, teacher and lecturer for youth and adults.