Eskaton: OMG — What were you thinking?! (Part Two)

Between the “lies of omission” and false statements made by Eskaton personnel, deliberate or otherwise, it’s taken a bit of time getting the truth out. Yet, the initial problem remains.  The Board of Directors of Altavita remains in place instead of being sent packing.

When the problem arrives dressed as the Solution.

Be very careful when the problem arrives dressed as the Solution

The second problem? Appearance wise, it seems the Board is no longer in charge. But lets have a look-see at reality.

Eskaton employee Julie “I will always tell you exactly what is going on” Michaels, filed a Declaration against a certain Receiver…albeit without mentioning anything to the residents.

I mentioned this during one of Michaels “sales updates” in which she often characterizes herself as the sole source of accurate information.

So Not So

Example.  Julie Michaels completely mischaracterized my statement, and for her purposes, turned it into a question, in which she answered.

Deliberate false statements by Eskaton personnel, are not helpful to getting the truth out.

What actually happened, was I asked Juie Michaels why she didn’t let residents know she filed a declaration…what with her “open and transparent” and sole provider of accurate information and all. See below.

Apparently my question angered Michaels.   The very next day it was reported to Sherry a couple of minutes after Michaels was overheard in the cafe saying in reference to me,  “Well, we can’t ask her to leave…that would be a bigger problem.”  (Because truth is a problem?)

Sherry Ikezawa immediately sent Michaels this email.

Julie Michaels response was…silence.  Surprise!  Kidding.  Silence is not a new behavior from Michaels.  Nor is it confined to Sherry or myself.  Silence and stalling is, a pattern.

There was also no response to a letter I wrote to Eskaton founder, Todd Murch, with copies to Betsy Donovan, and, Mary Carruthers, after receiving no return calls from Michaels about a board member situation.   The year was 2016.  Perhaps it’s an Eskaton thing.

Appearances and Reality.

It could also be a Bellann J. Raile, of Cordes & Company thing.  Heard Bellann Raile was recommended by Mary Carruthers.  Do know Raile has less experience with CCRCs than the individual the banks recommended, which Michaels objected.  Either way, it’s a signal the Board that should have been sent packing after Rescon first voted they should resign, is still calling the shots.

I also know Raile has sold one Non-profit,years ago.  But she sold it to a For-Profit.

Also, Raile doesn’t seem keen to speak with me.  No return call, and when she’s at the Village, Raile also begs off speaking with me during “Social hours.”

But that’s not the reason I am completely over Eskaton and Railes sales pitch about caring about the safety of residents.  As a pragmatic reminder to anyone who may have forgotten: When the words and the actions don’t match, the truth is in the action.

In that regard, Raile has been the Official Receiver since February, and has not marketed the Village at all.  Including the five seconds it would take to list it on her website.

As the kids would say, “What’s up with that?”

Unfortunately it seems Raile has no apparent knowledge or interest in how much better non-profits are over For-Profits, when the time comes for an increase in medical care.

Studies show the reason is simple.  The goal of the non-profit is keeping the residents well and well cared for.  The goal of the for-profits, is geared to keeping the investors well padded, and cared for.  Typically this occurs by cutting staff. So it’s not even a “Do the Math” kind of statement.   It’s a basic, plain old arithmetic.

From the get, Raile and Eskaton have spoken soothingly to residents. However it’s been made it clear by their actions, they will deal with terrible For-Profits, in order to make the bondholders whole.  Which brings us to Pacifica.  Again.

Pacifica is Exhibit A why Eskaton cannnot be trusted. With a straight face, Eskaton personnel repeatedly stated residents would be happy with Pacifica as a Buyer.  Pacifica’s horrible record — including a killing, was, (Not a death…a killing. . . with one resident killing another ) was either unknown, or ignored by the Board.

In short, that the Board and Eskaton considered Pacifica as a Buyer should have been the alarm that sounded for every resident.  Yet somehow, it wasn’t.  More on that later.

What was Eskaton thinking?

After Eskaton was hired they immediately launched a campaign to find an experienced, CEO with CCRC experience.

Kidding!

Eskaton continued to follow directives from a Board bent on spending money like a drunken sailor.  To the surprise of no one, losses soared.

Money aside; how completely inept is the Board that refuses to resign?  Consider this example.

Per the Board directive (from the Bondholders) and the marketing firm recommended by the bondholders, Air Force Village West was renamed and rebranded as part of an effort to widen its appeal.  Apparently, no one thought to do a marketing survey.

Unfortunately, the “Brand” is now confused with Altavista, a Riverside Rehab center with scathingly bad Yelp reviews.

You just can’t make this stuff up.

But it’s important to keep one’s eye on the ball.  With Mary Carruthers as Chairman of the Board, Bellann Raile as the Receiver, and Eskaton trilling how wonderful things will be, and don’t worry, the Bondholders have a three-of-a-kind, advantage.

 Any good news?  Yes!  So glad you asked.  Lets talk failed campaigns!

Failed Campaign #1.

The whispering campaign against Sherry Ikewza began soon after Sherry Ikezawa filed suit.  (Ikezawa was warned this would happen.) When that didn’t work, (no one believed Sherry Ikezawa was in Assisted Living attempting to collect funds for her lawsuit), the Board did a double-back flip and announced their next goal to shut Sherry up.

 

 

Failed Campaign #2

Julie Michaels chirped she now had time to update the policy and procedures manual.  She announced she consulted with the best of the best, attorney for CCRCs, and now, there would be no talking about the lawsuit filed by Sherry.  (Michaels didn’t mention the suit filed by the banks.)

Julie went on to state there would a “No Talking” rule about the lawsuit in public areas, such as the dining room, the cafe, and other hot spots.  (Again;  I am not making this up.)  But if residents wanted to talk about litigation, Julie Michaels said they should go to her (I am not making this up) and she would….reserve a room for them to chat.

Wait.  No Free Speech in a retirement community loaded with Veterans? Exactly!I called the attorney the Board paid thousands for that piece of brilliant advice. Having done stand-up, I mentioned this would be catnip to any comedian — from Open Mic at the local comedy club, or sitting alongside Stephen Colbert.

He was not amused.  Mumbled something about believing it was a good rule.  A group of us met with Senator Roth.  To Senator Roth’s eternal credit, he laughed  and said, “Good luck with that.”

Next?

The Board attorneys, Eskaton and Michaels began making soothing sounds about the Department of Social Services coming in.  Wags sniffed, “Really?  Where was DSS 10 years ago when the Board first began spending the residents reserves?

To that let me just add, DSS doesn’t have a good record.  Google, “Sacramento Bee, FBI raids Riverside Nursing home.”

Or, click here for the Series on DSS thinking they had a great find with Sholmo Rechnitz.  (Fun fact.  Sholmo Rechnitz’s spokesperson is Sallie Hofmeister.  Sallie’s with Sitrick, and also speaks for Harvey Weinstein.)

Bellann Raile – Cordes & Company

By the way, the first declaration made by Cordes & Company Receiver, Bellann J. Raile, was full of gossip and innuendo.

It was also promptly kicked by Judge Craig Reimer.  Raile’s second declaration was also filled with “I was told”…

But in that Raile clearly demonstrated the lengths she is willing to sink to accomplish her goal clearly reveals she is working closely with the bondholders, through the Board and Eskaton.

Which means the initial problem, the Board that should have resinged, remains in place and harmful.

Best for last!

One concern is Raile expressed was Judge Riemer might not be “up” on Non-profits.

The reality is, Raile isn’t…but this lack of knowledge doesn’t seem to concern her… because although Raile claims she works for the Courts, the reality is judicial foreclosure was chosen by the Bondholders, precisely because a Receiver is used, to cue up the judge for how to rule.  For the Bondholders.

The residents?  They’re chopped liver.  Ask Bellann if she will recommend as part of the sale, returning the actuarial reserves the board spent.

What the hey.  If the Bondholders get their money back, why shouldn’t the residents also be made whole?

When people question why some of Altavita residents casually went along with a sale…I mentioned the learned helplessness that comes from common sense solutions constantly being rebuffed.  It’s a psychological aspect.  Reminds some of the Stockholm Syndrome.

Eskaton actions should match their words

But who the Board and Eskaton is beholding to explains why Eskaton, with a straight face, repeatedly stated residents would be happy with Pacifica as a Buyer.

Now what?

Part of me wants to shout, “Pay attention” folks.  But I needn’t bother. as the list of residents who are with Sherry continues to grow.

Still, with all this, some residents will continue to believe Eskaton personnel are looking out for their best interests.  Some will continue to believe Eskaton is “Open and Transparent.”  Some can’t or won’t, adjust to reality.

The earlier mentioned, “learned helplessness” may be why.  Learned helplessness is an active and destructive, dynamic.  Only Sherry Ikezawa is looking out for all the residents.  Including the less than charitable Diane Sweeney, who stood up at a meeting and said the older residents, should “Get over it.”  About Pacifica.

Dad’s 95.  When he needs it, I want great care for him.  Dad was a WWII pilot, POW, then escaped POW…and he also flew 108 missions in Vietnam as combat support…where he was awarded his third DFC.  I want the greatest of care for my Dad and all other residents.  Including Diane Sweeney.  Bless her heart.

Dad and other veterans deserve it.

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Altavita: Will the residents be able to save our veterans when so many don’t seem to care

Fellow resident Sherry Ikezawa stepped up for all veterans and filed a lawsuit after the Board of Directors ignored her questions

Sherry Ikezewa had had enough.  The still-active commercial property broker knew her retirement community, Altavita, the former Air Force Village West, was in financial trouble.

Worse, she knew after the board spent the actuarial reserves intended for residents, instead of filing for  reorganization, when the place was in peril.

Or put another way, from that old Bobby Darin song…

“Splish-Splash I Was Taking A Bath”

Sherry realized the residents were taking a bath.  And some joined in.

It wasn’t just blowing through the reserves.

Ikezawa, a resident since 2005, also knew Altavita’s Board of Directors, led by Mary Carruthers, a financial advisor with Stifel, was like all other prior, board members —  listening solely to and taking directions solely from, the bondholders.

Residents pleas to adopt prudent fiscal action?  Common sense actions such as canceling expensive remodeling, when the reserves were dwindling?  Ignored.  As a commercial broker, Sherry recognized what was going on, as did the Senior Housing Forum, an industry-related blog that puts the blame squarely on the board and management, in an article here.

Curiously, Steve Moran, the blog founder, never bothered contacting Sherry, before he published.  Had he done so, Moran would likely not have written:

  1. “There was a board of directors that was made up of a few residents, community members and some retired military folks who were not residents. They were good people, successful people. But they assumed management knew what they were doing and trusted that things would all work out.” –   [Had Moran contacted Ikezawa,  he would have learned many disagreed with the Board.  One recommended a DOJ investigation.  Others who complained were either forced out or left of their own accord.  Perhaps in disgust.]
  2. “Eskaton has done a masterful job of improving things” – [Again, Moran’s blog is for an industry-supported publication.  Plenty of residents acknowledge Eskaton eliminated some bloat, but, and crucially, opted not to search for a competent CEO.]
  3.  “The residents were too trusting.”  [Some residents were and are, proficient inLearned Helplessness.”  But quite a few were not, and complained mightily.]

As an aside,  Mary Carruthers is described by Ikezawa as “warm and personable” in her personal dealings.  A former boardmember described Carruthers’ personality in board meetings as “business neutral.”  I’ve spoken with Carruthers and came away believing she was good at making people believe what she wanted.

However, when two sides collide, I harbor no illusions where people who earn their livelihood in financial institutions, come down.  So, although, Steifel’s website proudly claims,

“Our founding partners’ defining principle – to “safeguard the money of others as if it were your own” – is as important today as it was in 1890.”

it seems overdue for a realistic, update.

Mary Carruthers – sued as Chairman of the Board of Altavita

In the case of Altavita, the allegiance owed by Mary Carruthers,  Chairman of the Board of Directors, by all actions, clearly are to the Corporation.  The residents?

Go fish.

So, as the Board seemed likely to continue stiff-arming residents questions, as well as common sense solutions Sherry and others before her suggested via Finance and Marketing committees; and since appeals to Senator Richard Roth and and Congressman Takano were met with – silence, (More on them, later,)

Sherry sued for herself, and the residents.

Uh-oh, Riverside.

On the other hand, it’s not as if seniors haven’t had a hard time hanging onto their homes in Riverside.  No, not when Riverside County had judges like Bill Sullivan.

When Judge Sullivan liked a house, he bought it.  By hook or by crook.   After about ten years, (!) someone within the County spilled the beans, and the investigation made news around the state.  Just not so much in Riverside.

Judge Sullivan “retired” as soon as the Commission of Judicial Performance began their investigation.  The Commissions findings read in part:

Judge Sullivan has stipulated, and the commission concludes, that Judge Sullivan
engaged in a pattern of improper financial dealings and fiduciary activities from the time he became a judge in 1987 until he decided to retire in 1999, after learning of the commission’s investigation. Furthermore, Judge Sullivan, on a number of occasions, used his judicial position to further his unethical schemes, all of which had the effect, if not the design, of benefiting him financially.”

The full findings and report on Judge Sullivan, is here.

Astonishingly, Judge Bill Sullivan was not prosecuted.

Next up?

Details of the other players.  Or, “OMG – Eskaton?! – What were you thinking!”

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CYD Showdown: Former Republican, Male-Feminist Challenging Totally Qualified Democratic Woman Candidate

Yep. I wondered if the “simple, yet hilarious search” was me taking him to task. It was. He understands so little. Vote for Polk. She gets it. Rodriguez-Kennedy is still reading the user manual.

The Daily Fold

by: Golden State Insider

The California Young Democrats, the state’s youth democratic arm, race for statewide president has heated up in recent weeks as the election draws near.

Will Rodriguez-Kennedy, the president of the San Diego Democrats for LGBT Equality and former Parliamentarian of the California Young Democrats, is facing off against Dyana Marie Delfín Polk.

Delfín Polk is well known in democratic circles and is a women’s rights activist, as well as the current VP of Finance for the California Young Democrats.

Rodriguez-Kennedy, on the other hand, through a simple, yet hilarious web search shows as one of his top results that he apparently doesn’t understand law, as revealed by a woman he was hassling regarding an online debate.

And get this, Rodriguez-Kennedy used to be a republican activist, and changed his registration to democrat in recent years. He is currently a male-feminist activist, and appears…

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San Diego Style Misogyny – Will Judge Hayes mirror Judge John Meyer and Police Chief Zimmerman

Two words spring to mind when considering San Diego Judge John S. Meyer. “Peremptory Challenge.” See the Robing Room for reviews.

This story ends with a twist.

Will Judge Judith F. Hayes, follow the lead of Judge John S. Meyer in his disdain for women?

Short answer?  She did not.

Why not?

After all, San Diego is notorious for its disdain for women.

It’s not as if San Diego judges value women any more than say, San Diego Police Chief Shelley Zimmerman.

Zimmerman’s mindset would stun the senses in any other city.

Zimmerman is currently complaining about being asked to test rape kits for God’s sake. She says “No.”  Claims it’s not cost-effective.  This is utter bull.

The backstory on San Diego official disdain for San Diego women

I know this having discovered the high-tech, cost effective, life-saving solution that features would-be, victim notification ahead of time, should the person wearing such a device, begin to go violate the distance ordered to stay-away.  These immediate warnings would virtually end murders from restraining order violations. 

Murder investigations are very expensive, police-wise.  So why not use the type of GPS that can’t be cut off? A device that costs a lot less, and warns would-be victims ahead of time, in time to slip away, and save their own life?  I’d had meetings with both Chief Lansdowne and Zimmerman about this.

Why does San Diego resist life saving, cost-effective technology?

Dunno. Seems someone ought to investigate why San Diego continues using devices that not only don’t work, but which have cost people their lives, and sparked numerous lawsuits.

In 2015, I tipped NBC San Diego to the GPS horror show Police Chief Zimmerman prefers. Here’s their story “Problems with GPS in California Counties – sex offenders not monitored.”

However, way back in 2010, I requested the San Diego City Council buy effective GPS.  (Made the same request before the County.) 

I was in the City College auditorium the day after City College held a gathering to help process the murder of Diana Gonzalez.  Diana was slaughtered in a City College bathroom by her estranged husband, shortly after Bonnie Dumanis “declined to prosecute” in Diana’s earlier, kidnap rape by Diana’s estranged husband.

Attending the City College gathering, I spoke with officials from the Center for Community Solutions.  They said, “Thanks, we’re not interested.”  Yep. The day after Diana Gonzalez’s  murder, the Center for Community Solutions told me they weren’t interested in a GPS device that had real monitoring in real time, with human eye-balls watching the screen, who would immediate call would-be victims to notify them when the person with the restraining order was close to violating a court-ordered distance to stay away. 

(The second call would be to the police to notify them the location of the person violating the order, as the victim, armed with a head start, could slip out of the area.)

Also tried the many, so-called, “Domestic Violence” non-profits.  No dice with the Family Justice Center, either.  No dice for any of them.  (Told Mara Elliot about devices that work, when she was running.)

Too late I learned, it’s all a con…for which every official, participates.

What I learned was: I’m a slow learner!

Six years in, eventually I learned no one in San Diego, including elected officials Toni Atkins, Todd Gloria, Barbara Bry, and police chiefs William Lansdowne, and Chief Zimmerman. (Zimmerman couldn’t get me out of her office fast enough during our meeting) would ever be remotely interested.

Women should know just like Judge John Meyer, these people devalue women.  But then, so does the press. Here’s one, horrible example of reporting.

UT reporter wrote: “Juan Carlos Fernandez stalked his wife for months before showing up Nov. 13 her City Heights apartment, taking her hostage and killing her parents.” Reporter didn’t ask, “Why wasn’t he prosecuted.?”

End of the Backstory – now to the present.

Michael MacNeil – who *really* devalues women.  (Google the video, “Funny or Die, San Diego County DDA Michael MacNeil gets naughty on the taxpayers dime.”)

Misogyny takes work.  Disdain takes no effort at all.

Perhaps this is why disdain for women is so readily applied to San Diego women.

Judge Meyer negated the hard work of San Diego Police, who were on the case when I dialed 9-1-1, after MacNeil showed up at my home to talk about a post I’d written back when he was a Deputy DA and busily demeaning women, right and left.

ABC reported MacNeil’s behavior in a segment teased as “Deputy DA accused of texting naked selfies on the job.”  ABC refused to ID MacNeil.  So I did.

MacNeil didn’t like it.  After stewing about it for a while, he began calling, and leaving chirpy, “Hi this is Michael! I’m an attorney in San Diego! Will you please give me a call?” messages.

Having seen some of MacNeil’s text messages, I declined to return his calls.

Then MacNeil showed up at my place and wouldn’t go away.  He returned three times, (and lied about it, later.)

He also knocked incessantly on my door each time he returned.

But San Diego Police were on the job. When I dialed 9-1-1, I told the operator I’d suspected MacNeil brought a gun with him.  When officers rolled up, MacNeil hopped out of his car, and they immediately confiscated MacNeil’s fully loaded Glock as well as his Concealed Carry Permit.

San Diego family law attorney, Michael MacNeil – curb side.

San Diego Police deemed MacNeil a “credible threat” to me and requested an Emergency Protective Order.  It was granted and they served him on the spot.  Then they accompanied MacNeil to his parents home in Rancho Santa Fe, and took seven more weapons, including two, long guns.

Officers told me to get a real restraining order as the Emergency Protective Order was only good for a week.  I applied for one, and had a little trouble getting MacNeil served.  As one Deputy said with a bit of humor,

“I drove up and MacNeil jumped in his car and drove right past my black and white.”

But officers were pretty surprised when a week later, I told them Judge John Meyer denied my request.  And this was after learning MacNeil was on three different mood stabilizers.

The “it’s all HER fault, excuse.”

Judge Meyer’s take?

I will never forget Judge Meyer’s take.  He said,

“Oh no.  An attorney with a restraining order is a career killer.” 

This was quickly followed by “He has a right to bring a gun to a conversation.”  Apparently this beats my Constitutional right to live in safety, without fear.

So I sued MacNeil for simple harassment.  Surprise.  He ducked service again.  Well, actually that part wasn’t surprising.  I expect to lose, but not because it’s San Diego and that would be normal.

I expect to lose for another reason.  Stay tuned for my next post.

Posted in domestic violence, Government, Judges, Law Enforcement, Media, misogyny, San Diego | Tagged , , , , , , | Leave a comment

Attorney Mark Sableman: Truth wins out!

Mark Sableman, media attorney and expert mediator, was an early (2013) recipient of the now too common, “Fake News.”   I know this is true because I was the source.

What!?! Well, I was an unintended source. I recounted the first report, which was from a mid-western based, legal publication. However, Facebook ad buys aside, facts are important.

So just to be clear, in the beginning, Stableman was named as the Defendant in an auto-pedestrian accident with Sherry Claggertt listed as the pedestrian, Plaintiff.

Claggert’s counsel made what turned out to be some pretty wild accusations against Sableman – which were soon proved completely false.  Phone logs, people.  Phone logs proved Sableman’s account was the correct one. 

Mark Sableman - expert mediator

Neither myself and the first legal publication reporting, had the correct information.  However, as Sableman did not return my call, the incorrect stuck around.

Enter Bennet Kelley – aka: The Redeemer 

Bennet Kelley

Fast forward to September, 2017, and Bennet G. Kelley, founder of the Internet Law CenterMr. Kelley dropped me a nice letter to inform me my report was inaccurate.

A portion of his letter is below, in blue. Mark Sableman was right

Exhibit A

Defendant agrees with Mark Sableman

Everyone Agrees with Mark Sableman

When I called and asked Bennet Kelley and Mark Sableman why Plaintiff’s counsel would make such an outrageous claim, neither could explain.  (I hesitate to offer my take.) But given I usually spend my time writing about creepy attorneys, or those practicing law, sans license; speaking with them both was a nice change for me.

Also, neither man seemed too upset.  They just wanted the story updated. This is that.

Last, if someone calls to check something out, may I suggest the call be returned?  

After all, facts matter. 😂

The old journalism adage is true:  If your Mother says she loves you — check it out!

Internet high-five

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Kendra Beebe: Exhibit A for how the San Diego District Attorney’s office caters to criminals

Kendra Beebe -failed by the District Attorney’s office three times.

Once again, the San Diego District Attorney’s office continues their practice of re-victimizing, crime victims.

However, this time, it’s the District Attorney administering the latest stab wound for Kendra Beebe.

Kendra’s original stabbing made international news because, Hollywood. The actor Shelley Malil stabbed Kendra 23 times, shortly, after Kendra ended their relationship. 

What the DA’s office ignored at the time, was Malil tried to kill Kendra shortly after being befriended by Kendra’s ex, Johnny Archer.  (“Johnny” is Archer’s alias,) But Archer’s criminal history is under Chetwyn Archer.

Detailed for the DA, at the time, was Kendra’s timeline of multiple instances of Johnny Archer violating restraining orders and chilling time line of Malil’s conversations with Archer, in line with her stabbing.

The DA did…nothing.  (This is, after all, San Diego.)  The Deputy DA stated:


“Kendra’s ex-husband is a part of this storyline. We just don’t know what role he played,” said Deputy District Attorney Keith Watanabe.

Prosecutors said on the night before the attack, phone records showed Malil called Archer twice — a 45-minute and 25-minute conversation.

The next day, there was a 5-minute call that occurred hours before Malil attacked Beebe, according to prosecutors.”  – Channel 10 – Sept. 17, 2010.


Lazy or Incompetent?

Kendra Beebe learned about Johnny Archer’s immigration hearing before Judge Harry Elias, afterward.  She was aware Judge Elias demonstrates an admitted soft-spot for poor immigrants who may not know their rights.  (Archer’s claim.)  Kendra provided court transcripts which indicated otherwise.  Peter Estes said they might appeal…given, Archer initially plead guilty a couple of restraining order violations, if the DA would drop all the rest.  That’s right, multiple restraining order violations…including some on camera.  Those other violations were suddenly, in play.

But then, magically, the DA began to stall.  Kendra flew to San Diego, with buckets more of evidence.

The DA had, “meetings.”  Eventually, Kendra realized, well, this is San Diego. So Kendra asked Estes to give her the name of the Attorney who heads up the Appellate Division.

Estes responded with silence.

Kendra Beebe also informed the DA Johnny Archer filed for and collected approximately $8,000.00 in change for Unemployment benefits.  (With photos of Archer working.)  She believes since Archer is part-owner of Cycology Fitness, he can’t collect these benefits.  When Kendra asked the DA if they planned to do anything, the response was a shrug…and a “That’s not our Department.”

Catering to criminals

Kendra threw in the towel when the DA told Kendrea Archer could agree to violating one count of “Disturbing the peace.”  Which wouldn’t impact Archer’s “Removal” status.

Kendra asked “Will you at least make him plead guilty to “Disturbing the peace of Kendra Beebe?”

Nope.  Not that either.  So the below, taken from a DV defense attorney kinda spells it all out.

Last week, the UT reported on immigration.  The article featured a few quotes from Osman Abiyow, President of the Somali Bantu Association of America.  Abiyow wants to bring his sister over.  Poor guy.  He really doesn’t know how hard the DA is on women crime victims.


Sidebar

The best kept secret at the DA’s office

But it turns out, the best, well-kept secret in San Diego is – the DA’s office doesn’t want anyone to know is their lack of work product, and “declining to prosecute” is a long-time pattern.  It happened with Diana Gonzalez, who was stabbed to death in the bathroom at San Diego City College.  It happened to Kendra, and in the case of Joyce Murphy, the DA’s office failed in every way possible, by charging Joyce with “parental kidnap.” 

In this regard, the San Diego District Attorney’s office put kids at risk by facilitating Joyce’s ex, a pedophile, for years.  Charges were only filed after two little girls whose parents weren’t divorced, reported the crimes.  In San Diego, children of divorce remain at risk because of the DA.

Not reported at the time?  I witnessed Joyce Murphy attempt to read a Victim Impact Statement; but the Defense objected.  I also witnessed Deputy DA Kelly Mok, refuse to haul her skinny ass out of a chair, to advocate for Joyce – who endured nightly phone calls from her ex, laughing at her, saying no one would believe her.

But after the San Diego DA miserably failed Joyce and her daughter, for four, solid years…and the public, five years after that.  Mok, (now a judge), sat in the chair and squirmed…saying nothing.  The request was denied by Judge Robert Kearny.   Judge Kearny could have shown Joyce some compassion, but, nope.  Thus, after years of Joyce enduring the nightly phone calls of her ex calling to laugh and tell her the DA would never believe her, Judge Kearny made sure to let Joyce know he still didn’t want to hear from her, either. For women and children who live here, this is pretty much, San Diego in a nutshell. 

(Mok did something similar in Kendra Beebe’s case.  Mok was awful then, and remains so, now.)

Best for last

A PR rep from the DA’s office reportedly told one news outlet, Kendra Beebe was very happy with how the case ended.  Kedra’s response?

That was the biggest lie yet!”

Interestingly, after Kendra realized the DA was screwing her again, she began receiving touchy feely texts from Deputy DA Marnie Layon.

Marnie was wrong.  The District Attorney’s office owes Kendra a lot more.


The takeaway:  When it comes to men violating restraining orders, and colluding with others to embarrass, harass, or worse, Kendra Beebe can attest, if it happens in San Diego:

Posted in California Court of Appeal, domestic violence, misogyny | Tagged , , , , , , , , , | 4 Comments

Vanderbilt’s Brandon Vandenburg Gang Rape Trial: Year Four: Brandon Banks

The moment the verdict sunk in.

Update:  June 23:  GUILTY.  Brandon Banks squeeze bottle put the squeeze on him. Jurors did not hold him responsible for, Batey-like charges.  One count each for aggravated rape, and aggravated sexual battery.

But lets begin with Mack Prioleau:  The one guy who could have stopped this horrible crime.

Mack Prioleau  – The most chilling part in the fourth Vanderbilt University football gang-rape trial, this one featuring defendant, Brandon Banks; was testimony from Mack Prioleau.  Teammate and Christian, All Saints High School graduate, Mack Prioleau, didn’t comment on the laughter.  So much laughter.

Mack Prioleau – the fourth time wasn’t the charm.

So much muffled guffaws and squeals of delight of Prioleau’s teammates.  This was something Mack Prioleau pretended to sleep through.  So it was the continued loud squeals of sheer glee throughout the ongoing attack, and Mark Prioleau doing nothing, for thirty odd minutes, that got me. Mainly because the laughter began within three minutes of the rapists entering the room.

Mack Prioleau had four years to clean up his testimony.  But, exactly how does one “clean up” one’s lack of character?  If there is a way, Mack Prioleau certainly didn’t find in time to testify as to why he never acted after initially lifting his head, while listening to the gleeful sounds of a gang rape.  A gang-rape that included the sound of urinating on the victim, the sound of bottle squeezes on the victim’s body, the sound of the victim being physically slapped during the gang’s prolonged gang rape.  All happening inches from Mack Prioleau. Who did nothing.

Per the UK Daily Mail, four years ago Mack Prioleau told the court that he awoke to sounds of porn, laughing and the men discussing sex and saw the woman face down in the dorm.

Four years ago Mack Prioleau said the victim didn’t make a sound.

Four years ago Mack Prioleau said he didn’t leave to get help or check on her well-being.

‘I was trying to sleep, trying to do whatever I could to block it out of my mind,’ Prioleau said. ‘After it quieted down, I looked down and saw the female on the bed below me.

Eventually, Prioleau said he left the room to stay with a friend and when he returned the next morning, he cleaned up vomit found in the dorm. He only told one friend about what he had witnessed.

‘At the time I was scared and uncomfortable,’ he said. ‘I didn’t know what to do.’

But that was then.  This is now.

Fast forward to the fourth trial: Mack’s grown.

But life goes on!  Four years later, Mack Prioleau’s become a world traveler.  Now, Mack Prioleau has all kinds of advice and tips for a plethora of situations!  Check him out.  From 10 Vital Tips for international traveling, to shopping to tips for beginner surfers. It seems Mack Prioleau can’t shut up! See all Mack’s tips at Mack Prioleau’s Presentations!

Mack’s living the high life.  See his personal, fun life at MackPrioleau.org

My guess was with four years worth of hindsight from world travels, Mack’s testimony might include something a bit more…apologetically reflective.  Boy was I wrong.

Prioleau said he didn’t feel pressure.  Then offered the same nothing burger as four years earlier. Based on his testimony, Mack Prioleau confirmed he’s as empty on the inside as ever.

Back to the post rape action

Shortly after the gang-rape, Coach Franklin called a meeting.  Told the players to “Anchor down.”  Shortly afterward, Franklin bolted from Vanderbilt University for a job back at the collegiate national hallmark for child sexual abuse. Penn State.  Irony?

Now, three trials and two convictions later, we’re baaaaaaack with the defense in the fourth trial.  Brandon Banks said he felt pressure.  Because he was little.  I am not making this up.

The Fourth trial and the fourth time the victim’s character puts them all to shame

The defense tried to make the case for I don’t know, a bullied, rapist?  Much was made of the size of everyone else.

Brandon Banks “He made me do it” defense.

Ladarius Banks, Brian Kimbrow, all testified Brandon Banks, (who was his high school football team’s captain) felt threatened by Brandon Vandenburg.  Banks was called “gay” for not wanting to participate in a gang-rape. Gay people were appalled by that.

Brandon Banks – might have a sense it’s not working.

Also, Banks was not drunk at the time, and had a girlfriend.

Prosecutor Jan Norman. Kicking ass through out.

Banks laughed.  Banks took pictures.  Banks, the preacher’s son and high school football captain, squeezed the bottle. Repeatedly.

Referring to the victim, unconscious and vomiting, Banks says he’d never seen anyone that sick before. Or that out-of-it. The inference was alcohol…(although most believed she was drugged.)

The “he made me do it” defense

While Banks mentioned his daddy was a preacher, he appeared not to have made the connection a lifetime of football discipline, including as team Captain, along with his father’s preaching – didn’t matter one little bit, Two minutes after Brandon Vandenburg told Banks to take the bottle and squeeze.  Nor did Banks refuse to take pictures of the unconscious woman he physically, sexually assaulted with an empty bottle.  Nor did he leave the room.  As Prosecutor Jan Norman noted, neither did Brandon Banks text anyone he felt “pressure.”

After testifying, Banks looked a little worse for the wear. He went to his chair.  He cried.

Boo hoo.

Detective Gish testified he found no texts citing a of fear of bullying.  Detective Gish did find more videos….and other incriminating evidence that in no way indicated Brandon Banks was worried about being bullied. 

Can you say something nice about Banks’ Defense attorney

Sure.  Given I once titled a column about the first trial, “Guilty – is it too soon to say “Malpractice” and

The Malpractice Continues!”

Mark Scruggs, unlike prior counsel for the defendants; Brandon Banks’ attorney and former football player, was not criminally charged for financially exploiting a client during trial.  Also, unlike prior defense counsel, Scruggs did not lose his bar license.

Mark Scruggs – in fairness – he didn’t have much to work with

But Mark Scruggs was also corrected during his close for telling the jurors factually incorrect information.  Also, he recovered nicely.  But it was when Scruggs began with a background of the law, then mentioned the Magna Carta minutes in, that my thoughts went to Scruggs might have first bored the jurors, but a reference to the Magna Carta might have annoyed the heck out of them.

Update:  Scruggs called the verdict “inconsistent.”  Expected some guilty counts.  But Scruggs said Banks is still ready to fight on a motion for new trial, or appeal.  My initial thought was incorrect.  But likewise guess a Motion for a new trial will be shot down.  An appeal won’t fly.  Maybe Preacher Maurice Banks can visit Brandon more often.  The victim was in court.  Four down, one to go.

Brandon Banks with the single, remaining Defendant. It’s telling they remained good friends.

The judge commented the jurors looked tired.  Maybe they are tired of carrying the burden of four years of delay.  Imagine how the victim feels.

Posted in college rapes, Government, Media, misogyny, Nashville Judges, Vanderbilt University Sex crimes | Tagged , , , , , | 5 Comments