In the aftermath of the December arrest of the former Visalia Public Cemetery manager on charges of embezzling more than $1 million, former members of a Tulare County Grand Jury from a decade ago are questioning why nothing was done after they uncovered evidence of financial impropriety and illegal activity.
"We could have saved the (cemetery $1.3) million," said George Patterson of Visalia, who served on the 2006-2007 Tulare County Grand Jury.
Authorities arrested former Visalia Public Cemetery manager Dona Shores Dec. 22 on charges of embezzling and laundering as much as $1.3 million over a five-year period between July 1, 2011, and June 30, 2016.
Through an attorney, she has denied all charges and claims she's been targeted because she filed a workers' compensation claim.
Attorney Kris Pederson, who represents the Visalia Cemetery, said she now believes the embezzlement dates back to 2005 when a new accounting system was adopted — and that more than $1.3 million was stolen.
In 2007, Patterson and other grand jurors released a scathing report alleging Shores misused district money, directed employees to rebury old bones and reuse graves, went to casinos during work hours and sold old cemetery equipment to friends instead of putting it up for public bid.
"We found out what we needed. We had good, solid findings," Patterson said. "I thought we had one person who had broken the law."
Jackie Fletcher, the forewoman of the 2006-2007 grand jury, and member Kathleen Harris also told the Times-Delta/Advance-Register they believed there was serious wrongdoing at the cemetery.
Back in 2007, Patterson and the other grand jurors wanted further investigations into the Visalia Cemetery but were stymied by Tulare County officials, he said.
"The county was afraid of getting sued. They didn't help any," Patterson said. "We couldn't go to the DA's office."
Phil Cline was Tulare County District Attorney at the time of the grand jury investigation. Cline was elected in 1992 and served as the county's DA's until Dec. 2012, when he retired. He did not return phone messages for comment.
Dan Underwood, Tulare County current chief deputy district attorney, said the grand jury can use resources from the DA's office during investigations, including prosecutors who can interview witnesses or staff who can serve a subpoena.
There's a contact between the two entities while the grand jury completes an investigation, Underwood said.
"We do have a loose relationship with the grand jury," he said.
If needed, the DA's office can provide information on legal or possible criminal matters when the grand jury has questions, Underwood said.
But if criminal conduct is discovered, the next step is simple.
"The investigation will be turned over to our office," he said.
The DA's office reviews the annual grand jury report, Underwood said, but did not launch its own investigation or file any charges in 2007.
The 2006-07 investigation
The 2006-2007 grand jury investigated "double burials" at the Visalia cemetery after receiving anonymous information.
During the investigation, the committee interviewed witnesses, attended board meetings, analyzed documents and reviewed state codes.
In the 2007 report, the grand jury found the "double burials" had been going on for many years at the Visalia Cemetery.
As described by the Tulare County Grand Jury, a double burial is when human remains are uncovered while digging new grave sites and the remnants are covered and placed in the same location. Then, vaults are placed on top to allow future burial.
Shores, in a letter she sent to the grand jury, said Visalia cemetery followed health and safety codes. She also said the practice, what she described as "reclaiming graves," is commonly used in public cemeteries around the state.
"The actions taken by the Visalia Public Cemetery District were not only proper but also followed in accordance with the laws governing public cemetery district operations," she said. "The Visalia Public Cemetery District is most respectful of any opening of the grounds."
The grand jury also reported at least one instance in which used surplus cemetery equipment was sold without going to a public bid.
In addition, the grand jury requested reviews of the Visalia Cemetery's investment portfolio, including all cash and cash equivalent investments.
In her 2007 response letter to the grand jury, Shores denied all charges and said she always followed cemetery policies.
The elected cemetery board later decided to take no punitive action against Shores because of "inconclusive" evidence.
Geneva Philpot, the chairwoman of the Visalia District Cemetery Board of Trustees, told the Times-Delta/Advance-Register she insists the 2006-2007 findings by the Tulare County Grand Jury are not connected to the current case against Shores.
Philpot has been on the elected board for 20 years. She said a then cemetery worker wanted Shores out of her job and there was no proof of wrongdoing stemming from the allegations that triggered the 2006-2007 investigation.
As for the cemetery district's own attorney alleging the embezzlement stretched back to even before the 2006-2007 Grand Jury investigation, Philpot said it's difficult to know how long the suspected money mismanagement went on.
"There's no way to know unless the forensic audit is complete," she said. "We have nothing but respect for attorney [Pederson]. She has guided us through this. We have nothing to hide."
The arrest
Shores was arrested on Dec. 22 on suspicion of embezzlement and money laundering charges after a year-long investigation by Visalia Police.
Pederson, the district's attorney, said Shores was getting ready to retire at the end of 2016. Ahead of her retirement, Shores handed in the cemetery's accounting books and a forensic audit revealed the allegedly missing funds, she said,
Shores, who managed the Visalia Cemetery for nearly 20 years, was fired in late 2016 before she could officially retire.
Citing the forensic audit's findings, Pederson, the attorney for the cemetery, said cash funds had been recorded as received by the district for services, but the money was never deposited into the cemetery's bank account.
Despite Philpot's argument that the current charges are not related to the 2006-2007 grand jury investigation, Shores is facing money laundry allegations, stemming from the accusation the former cemetery manager sold old equipment to acquaintances instead of using a higher-bid process, prosecutors say.
In their investigation, the grand jury said they found at least one instance of equipment being sold without going to public auction.
In her letter, Shores wrote the equipment was first offered to cemetery staff using a bidding process. She also wrote the "equipment sold is so prehistoric that a value is almost impossible to obtain."
Brief court appearance
Earlier this week, Shores appeared before Tulare County Superior Court Judge Brett Alldredge.
During the quick hearing, Shores spoke only once, saying she agreed to a delay on the court procedures.
Attorney Charles Magill, who's representing Shores, denied all charges.
"I believe there's a government conspiracy against Ms. Shores," he said. "I believe it's politically motivated."
Magill, whose office is in Fresno, said the conspiracy against Shores includes the Visalia police officers investigating the case.
Magill also lamented Shores' arrest timing.
"There's no reason to arrest her on the Friday before Christmas," Magill said. "She spent Christmas in jail. That was punitive."
There's also no evidence that proves the embezzlement, Magill said.
"At no time was her accounting ever out of balance," he said. "They have no evidence of money she received. Where's the money?"
Shores' arrest was retaliation for a workers' compensation case the former manager has filed, Magill said.
Shores was injured on the job when she was struck by a vehicle, Magill said.
Magill plans to have a new forensic accounting investigation into the cemetery's finances to help clear his client.
"I will try this case and then sue the board, the cemetery and the county for malicious prosecution," he said.
January 5, 2018
Visalia Times-Delta
By Luis Hernandez
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