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Posted on July 13 at 12:49 p.m.
Henryjk,You must be really good at math.The time difference between 6:44 and 7:04 is 20 minutes, not 8 minutes. Genius.
On Beware of Dogs Bearing Gifts
Posted on July 12 at 7:04 a.m.
Setting a few of Nicks 'Facts' straight:The 'Little Girl' comment was made on June 20, 2013 at 11:55 am in Department 11 in response to Ms. Lucy rolling her eyes, tossing her hair and sighing in her 'Valley Girl' act after I asked if perhaps she could please act more professional at the afternoon session.Whereas, the incident where she used the "A-hole" word occurred on July 3, 2013 at approximately 10:55 am in Department 12 where I sat patiently and silently waiting for Ms. Lucy who was two and a half hours late for her hearing in Department 11. Mr. Gemberling was not in the courtroom at that time so he certainly could not have heard anything. There was however a witness (Chris Cook) who signed a sworn declaration and I provided that to Nick, but apparently he can't be troubled by easily accessed facts that get in the way of his muddled excuse for reporting.The item of clothing referred to was a vintage pair of Teal colored Versace boots, not a suit (though I did also purchase several suits and other assorted shoes and boots) when Sir Elton John and his life partner David Furnish sold all their possessions to raise money for Aids research. Perhaps Nick will Benifit from that act of charity since he appears either like a practicing crackhead, or a dying aids patient.As for Eskin saying anything, who cares. And he didn't just walk off the bench, he was crying and he ran out of the courtroom into chambers (shades of an earlier episode in the LA city attorney's office when he was covering for Burt Pine). And I can't take credit for Georgie Porgie, that goes to the late, and great Michael Ganshaw. Why, I asked Michael and he told me: "Georgie Porgie, pudding and pie, kissed the girls and made them cry".Nick, I'll ask again: Why did Eskin's clerk "Pat" suddenly retire? Is there a connection? Did he 'make her cry'? Was there a cover up?Do some real reporting you worthless turd.
Posted on July 11 at 9:17 p.m.
(This comment was removed by the site staff.)
Posted on July 11 at 9:09 p.m.
Nick STILL can't report facts correctly. Too many errors to correct. But I'm not going to argue with him because as the old Joe Walsh album title correctly proclaims: 'You can't reason with a sick mind.'
Posted on July 6 at 8:07 a.m.
Is what's good for the goose, sauce for the gander?In the 'Contempt' realm, which is worse?: 1. "Little Girl"; or2. "you're an a-hole"Should the courts hold prosecutors and defense attorney's to the same standard of 'civility', in all courts?
The story is about to get much more interesting:On Wednesday July 3, 2013, DDA Hannah Lucy was 2 hours late to appear in Department 11 (Dandona) for two of my cases. She was across the hall in Department 12 (Judge Eskin). I took a seat in the first row of the audience seating on the east (prosecutors) side of the courtroom and sat quietly waiting for the 'young lady'. When she finished her last case with Deputy Public Defender Hogan Ganshaw, she told Eskin she was going to D-11 to do two cases. As she walked past the rail, she stopped in front of me and said: "we're you waiting for me?" I responded: "what was your first clue?" She said nothing (though she did roll her eyes) and continued walking toward the exit. As she approached the doors, she turned her head to her right to look at me and said: "you're an a-hole". There was a man seated in the audience immediately to her right who heard her. He signed a declaration under penalty of perjury to her offensive statement which was made in open court while Judge George Eskin was still sitting on the bench. I filed a pleading in Eskin's court seeking contempt proceedings against DDA Lucy and Eskin ordered them unfiled and refused to take any action. He has been reported to the Commission on Judicial Performance. I will have a meeting with the presiding Judge (Garcia) on Monday. I also sought to file for contempt in Dandona's court, where i first complained of the offensive contempt immediately and presented the citizen witnesses testimony. She has yet to act.If uttering the words "Little Girl" at opposing counsel while court is in session is contempt, then uttering the words "you're an a$$h0le" must also be a contempt. If uttering the words "Little Girl" at opposing counsel while court is in session is worth a $1,000 fine then uttering the words "you're an a$$h0le" must be worth at least three times that or $3,000.If the judges of Santa Barbara don't hold the DA in contempt and fine her a minimum of $1,000, what does that tell you?
On Attorney Found in Contempt of Court
Posted on July 5 at 12:07 a.m.
Brilliant Menchar, I thank you for the compliment and the criticism.
I'd love (if you would offer it) to take an hour of your time (lunch maybe) given all you said, and since you sat on a trial of mine and I didn't convince you, yet you have an open mind. My guess is you hold valuable information on how I can spot someone like you in a jury pool, and more importantly what I should know about pursuadimg you as a juror.
Posted on July 4 at 3:53 p.m.
What was George Eskin's very first Clerk's name? She was married to a retired SBCSD Deputy. Do you know why she left? Do you know what Judge Eskin did to cause her to leave? Do you know how many MILLIONS of your tax dollars she may have left with after the allegedly very quiet out of court settlement?I've heard some very interesting things but since I haven't had a chance to verify them, I'm simply asking around at this point. So, what have YOU heard?
On Judge George Eskin to Retire
Posted on July 4 at 12:52 p.m.
A dismissal means the case was dismissed. It can be because there is no jurisdiction, or because of witness unavailability or a variety of reasons having little to do with guilt or innocence. An acquittal (what happened in this case) is a finding that the person is Not Guilty. It is not a technicality causing dismissal. There is a BIG difference, and one would expect an experienced journalist with years of experience covering courtroom proceedings to understand and appreciate the difference.
On Manslaughter Charges Dropped in Motorcycle Death
Posted on July 4 at 7:05 a.m.
Also, the author of this legal news story made a significant reporting error:
The case against the defendant is not 'dismissed' upon the court granting a Penal Code 1118 motion, rather, the court takes the case from the jury and Acquits the defendant:
Penal Code 1118.1
“In a case tried before a jury, the court on motion of the defendant or on its own motion, at the close of the evidence on either side and before the case is submitted to the jury for decision, shall order the entry of a judgment of acquittal of one or more of the offenses charged in the accusatory pleading if the evidence then before the court is insufficient to sustain a conviction of such offense or offenses on appeal. If such a motion for judgment of acquittal at the close of the evidence offered by the prosecution is not granted, the defendant may offer evidence without first having reserved that right.”
The Independent made this very same mistake when the reported the disposition of the disposition of count two (Driving with a BAC of .08% or more) in the DeNunzio case when Judge Rigali found DeNunzio Not Guilty of that charge (in spite of a defective DOJ blood result of .09%)
When will reporters start inserting accuracy into their legal stories?
Sent from my iPad
Posted on July 4 at 6:54 a.m.
Ron Bamieh and Christine Voss did a great Job on this case. It's too bad Judge George Eskin couldn't or worse, wouldnt spare the tax payers the hundreds of thousands of dollars it cost to exposé yet another really bad criminal case filing by Santa Barbara District Attorney Joyce Dudley. I'm sure DDa Sanford "Sandy" Horowitz did the best he could, but when the prosecutions case is not sufficient, the DA needs a Judge like Eskin at trial too, not just at the prelim!
I both compliment and criticize Judge Dandona, who made a correct decision on the ultimate issue and did the right thing in granting the defense motion for acquittal (not dismissal) under the authority of Penal Code Section 1118, however, the Judge erred in ruling that she did not believe Mr. Bamieh and that she believed Jaycee Hunter.
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