Wednesday, July 6, 2016

Comey brought back memories



Yesterday, FBI Director Comey made the announcement that Hillary Clinton would not be charged for spewing national secrets electronically about the net

My take on the is is: He was told by Attorney General Loretta Lynch that, no matter what he brought to her, there would be no grand jury and no prosecution.

This reminded me of some experiences I had as a California Highway Patrol Officer:

1. Partner and I stop a DUI going east on I-8. When he he is arrested, he kicks my partner, and spits at me. On the way to jail, he repeatedly calls us F--ing Nazi's . He takes a  breath test which then reported three digits, and at the time, legally under the influence was .10. His result was .099.

 City Attorney Barbara Huegenor-later appointed as a judge--refused to prosecute.
 Our Sergeant went to the City Attorney's office and asked her why she refused. She not only
ordered him out of the building, but called the CHP Office and talked to the captain.
The Sergeant was threatened with being put on day shift and re-training if he attempted any further contact with the prosecutor.

2. Around 1976, I am working the shift 1400-2230, and assigned to work a County Area SE of San Diego. Around 1900, I began to have trouble with the car I was driving. I got permission and was on my way to the San Diego Office when I came upon a slower vehicle using multiple lanes. I stop it. Only occupant a White Male Adult, has obviously been drinking. After only a few tests, it is clear the he is past DUI, and well intoxicated. I ask what kind of work he does, He claims that he is an Assistant District Attorney. He has no identification to prove it
I call a sergeant. The sergeant arrives and speaks to him out of my hearing the conversation.
The sergeant comes back to me, and says " Go ahead and take him home, but watch him--He does not know Joe ( Not the real name) Gorley--Who is a long time assistant DA".
I take him to  what he says is his residence. I tell him, I want to see the ID, and he says he will go inside and get it. He goes in, and shortly, I hear the back door slam. I get in the unit, and go around the block to see him trying to run away. I cuff him up, take him to jail, and charge him with DUI and several other things.

The Court date arrives. I appear. There is to be a Jury Trail. BUT- my Captain appears, talks to the district attorney in charge, who walks into the court and asks for a dismissal.
I confront the Captain out in the hall. He explains to me that the Chief of Border Division called him in, stated that this man's attorney came in and claimed the defense would be that the CHP takes DUI cops, prosecutors and judges home if they are DUI. The Chief had ordered the Captain to have the case dismissed to avoid embarrassment .

Subsequently, both I and the Sergeant were served with Censurable Incident Reports ( For those not in the CHP, this is documentation --without a penalty attached--that goes into your personnel file)

3. I am working 0500- 1330 out of Oceanside. A woman had called Dispatch and reports being sideswiped coming to work on I-15 south.
I contact her at her work in Escondido. She does have damage to the side of her car.  I ask if she saw the driver. She says , yes. She also gives me a scrap of paper with a license plate number/letters written it. She tells me that another driver had noted the plate, and that woman had given the victim her name, address and phone.

I run the plate--comes back to a man in Fallbrook . On a Saturday morning about 0600, I get him up. The car is in the carport and has visible damage. He admits being in a collision, but says he didn't stop because he was about to be late for work somewhere in north San Diego. Asked if he had reported the accident, "No".

I requested a "Six Pack" from Dept of Motor Vehicles- which is six photos-- that were transmitted electronically and printed in the CHP Office-- of the suspected driver and 5 other persons. Problem is--the other 5 are very close in appearance to your suspect .
These were presented to the driver, but she could not be certain which one it was.
I completed the report and submitted it.

About two weeks later, the victim calls, and says, "Could you bring those photos over again?"  I did--and she pointed out the suspect. She had been going to work, and the suspect had passed her in the not-yet-repaired car. I submit a supplemental.

Two weeks go by. I get another call. Victim wants to know what the District Attorney has done with the case. Tell her, I don't know, and give her the District Attorney's phone number.

About two days later, Sergeant tells me the Court Officer ( A CHP Officer who communicates with the courts and prosecutors, and delivers reports to them) wants to speak to me.
The Court Officer rages and flames at me. "Why did you give her the DA's Phone number?"
I tell her, that all the evidence had been submitted, it was a good case, and should be under consideration.   Court Officer tells me that District Attorney WILL NOT prosecute unless the victim can pick the suspect out of one of those photos line-ups.  So, Court Officer had not delivered the report to the DA 

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