Filling in the gaps
Due to the recent questions that have arisen about the Stanislaus County Grand Jury, the Voice of Modesto has filed the following public records request. When these records are provided we will distribute them on www.VoiceofModesto.org. Stay tuned as the Voice of Modesto continues to bring you news of the investigation.
The Voice of Modesto is seeking this information to fill in the gaps of the timeline between Patterson City Councilwomen Annette Smith, Patterson City Attorney George Logan, Stanislaus Grand Jury Forman Denise France, Judge Ricardo Cordova and County Counsel Jack Doering.
The Request
PUBLIC RECORDS REQUEST
County of Stanislaus
December 16, 2011
Dear Clerk of the Board,
Pursuant to my rights under the California Public Records Act (Government Code Section 6250 et seq.), I ask to obtain a copy of the following, which I understand to be held by your agency:
1) A copy of the letter written to the Chief Executive Office by Ricardo Cordova, Presiding Judge of the Stanislaus Superior Court, dated November 8, 2011 requesting appropriations for the Stanislaus Civil Grand Jury as referenced in Stanislaus County Board of Supervisors Agenda dated December 6, 2011, consent item # B-4.
2) Copies of any contract between Stanislaus County and Modesto Attorney, Dean Petrulakis.or his known firm, McCormick, Barstow LLP. This request is for the calendar years 2009 thru 2011.
3) Copies of any and all invoices submitted by Modesto Attorney, Dean Petrulakis, or his known firm, McCormick, Barstow LLP. This request includes any and all invoices paid, or pending payment for the calendar year of 2011.
4) Copies of any contract for services by the law firm Porter Scot, or any of their agents related to the case: Smith vs. County of Stanislaus, et al.
I ask for a determination on this request within 10 days of your receipt of it, and an even prompter reply if you can make that determination without having to review the record[s] in question.
If you determine that any or all or the information qualifies for an exemption from disclosure, I ask you to note whether, as is normally the case under the Act, the exemption is discretionary, and if so whether it is necessary in this case to exercise your discretion to withhold the information.
If you determine that some but not all of the information is exempt from disclosure and that you intend to withhold it, I ask that you redact it for the time being and make the rest available as requested.
In any event, please provide a signed notification citing the legal authorities on which you rely if you determine that any or all of the information is exempt and will not be disclosed.
Sincerely,
Carmen Sabatino
The Timeline
11-4-2010 Patterson City Councilwomen Annette Smith is called to testify before the Stanislaus Civil Grand Jury.
12-6-2010 Former City Attorney, George Logan is called to testify before the Stanislaus Civil Grand Jury.
2-11-2011 Paterson City Councilman, Dominc Farinha is called to testify before the Stanislaus Civil Grand Jury. He brings former City Attorney, George Logan to represent him at the hearing. Logan and Farinha are advised that Penal Code 939 states that attorney's are not allowed in the jury room with client. Logan counters that the statute refers to criminal proceedings, not civil proceedings. Farinha and Logan leave with Farinha testifying.
2-11-2011 4-5 members of the Civil Grand Jury appear at a Patterson City Council meeting without identification. The City Attorney, Smith, and Farinha each recognize members. The Grand Jury inaccurately included events from this meeting in their final report.
3-1-2011 Councilman Farinha appears before the Grand Jury to testify.
4-28-2011 Logan writes a letter to the Modesto Bee editor explaining his experience before the Grand Jury.
4-29-2011 Logan writes a letter to the Patterson Irrigator editor explaining his experience before the Grand Jury.
5-5-2011 Article about Logan's breaking his silence in the Patterson Irrigator.
8-19-2011 County Council, Jack Doering prepares an “Amended Affidavit” of Denis Dorrell France in the matter of Contempt by George Logan. Filed in Court on August 25, 2011.
8-24-2011 County Council, Jack Doering prepares “Order to Show Cause” against George Logan. Signed by Judge Mayhew on 8-25-2011, and a court date set for 9-16-2011.
9-15-2011 County Council, Jack Doering prepares an “Amended Order to Show Cause against George Logan”, citing that Mr. Logan has been difficult to serve. Judge Mayhew signs order, and sets new hearing date for October 14th, 2011.
9-28-2011 Patterson City Councilwomen Annette Smith files a Civil Rights Suit in Federal Court naming Stanislaus County as a defendant in regards to the Grand Jury Report.
10-14-2011 George Logan responds to the County's Contempt Claim by filing an Affidavit and Points and Authorities that refute Grand Jury Foreman Denis Frances's claim that Logan was in contempt. Logan enters a plea of Not Guilty, refuting all charges by Denis France.
County Council, Jack Doering did not appear in court. Judge Mayhew continues hearing, and orders Doering to be present at the next scheduled hearing or the matter will be dismissed. The next hearing is set for 11-22-2011.
11-14-2011 Enter stage left: Dean Petrulakis and Jack Doering as co-counsel filing “Exhibit List in Support of Trial Brief” for Denis France. Dean is the brother of land use attorney George Petrulakis, whose client Keystone Pacific played an integral role in the Grand Jury Complaint against Patterson officials.
11-22-2011 George Logan files additional documents at hearing. (Additional Points and Authorities).
Dean Petrulakis, now the only attorney of record, files yet another amended affidavit of Denis Dorrell France.The document is incorrectly titled : “Second Amended Affidavit of Denis France” (this is actually the third amendment, Doering files thefirst amended affidavit on 8-19-2011. The question of the day for Mr. Doering, where is the original Affidavit and on what date was that filed with the court?
12-06-2011 Stanislaus County Board of Supervisors : Agenda Item B-4 from the consent agenda requesting $10,000 by Judge Ricardo Cordova for a contempt proceeding. Jack Doering claims a conflict of interest in the matter and states that he cannot represent the Grand Jury in the contempt hearing. Too little, too late? Board passes expenditure believeing that it was for defense in Smith vs. Stanislaus County, little do they know, it was to pursue George Logan.
