“S” Storm #3 is hitting on February 12, 2018

“The Judge Wears Flip Flops

By Warren Yates

I noticed that after that big flap about the ”S” word in reference to certain areas of the world as a fissure filled with feces by all of the snowflakes, all of a sudden you don’t hear about it anymore. Well guess what? Either the snowflakes melted, or it was no big deal. You gonna hear about it from me though as I continue to do commentaries regarding justice and injustice in Modesto, Fresno or anywhere else I want to comment on it.

As I do frequently in my commentaries, I want to make this disclaimer about what I write in my commentaries. First of all, I am a staunch supporter of 98% of our law enforcement community whether it be city, county, state or federal law enforcement personnel. The majority are all truly dedicated, trustworthy ethical and honest deserve my highest praise and thanks.  It is the 2% left of abominable low life badge bandits that create distrust and disgust in our law enforcement community

We have known for some time here in Stanislaus County, the state of California and the Feds, the alleged “cream of the crop” that ideally is supposed to rise to the top into administrative positions within their respective agency sometimes fails miserably. In the administrations of many of our law enforcement agencies we now find that the “crap of the crop” is what has risen to the top.

A few names that come to mind off the top of my head are commie, whoops I mean comey, holder, lynch, morse III, ishii, o’neill, droz, baca, carona and finally  fladagator , whoops I mean fladager. If you remember from my prior commentaries, no respect, no caps. So here we have the 10 most crooked “crap of the crop”. If I have forgotten a few names, don’t be offended, I will get to you eventually.

A little while ago I was riding down N. 9th St. with Mayor Carmen Sabatino and I don’t recall whether it was northbound or southbound (Because those of you who know me, know sometimes I don’t even recall my address. HA HA) I saw a billboard that was an advertisement for qualified candidates to come to Contra Costa County and apply for the position of deputy sheriff. I guess they’re running out of qualified candidates in the East Bay.

I then recalled that Judge Zuniga used to be a prosecutor in Contra Costa County. And then I suddenly realized that on December 22, 2016, judge zuniga became a prosecutor in Stanislaus County. (Congratulations judge zuniga, you made it into my no respect, no caps column) Those people not familiar with my commentaries might ask, “My, my, what on earth could you possibly mean”? Well here it is. Throughout the whole preliminary hearing, people that were in court on a regular basis, saw that zuniga was constantly assisting ferreira in presenting her case but we in the court thought that the judge was showing ferreira’s incompetency. That was not the case. ferreira was doing a magnificent job of that herself.

Things came to a head on December 22, 2016. As I recall, closing arguments were supposed to begin. On that morning in court, ferreira brought in a virtual ton of discovery that had not been provided in a timely manner in violation of Brady vs Maryland. The judge became visibly shaken, angry and emotional and had to leave the bench to compose herself.

I am going to cut and paste here two paragraphs I wrote in a commentary dated December 27, 2016:

Zuniga said she ordered the release of the three defendants not as a sanction against the DA’s Office but as a move necessary to protect “the integrity of the proceedings.”


But she quickly added that she does intend to impose sanctions. “I just need to find the appropriate section” under the Code of Civil Procedure, she said. “… I want to sanction the DA’s Office so that it sticks and it doesn’t get reversed.” 

When she released three murder suspects on their own recognizance, this was unheard of in the annals of the judiciary. This action left ferriera stumbling, bumbling and frothing at the mouth. To some it appeared that ferriera had presented such a weak case we were near the time when she would dismiss the case completely.

What she was really saying is that she was saving the Dist. Atty.’s case and helping them to avoid a severe rebuke and possible criminal liability for gross prosecutorial misconduct. It is important for the readers of this commentary to understand the egregious depths rogue prosecutors and yes, even jurists will stoop to “to convict at any costs.”

Prosecutorial misconduct, either through deliberate Brady violations or the knowing use of perjured testimony or inflammatory arguments is designed to deprive a defendant of a fair and impartial trial. This unethical, even criminal, behavior must be understood by the general public. The type of prosecutorial misconduct that some of the staff of the Stanislaus County Dist. Atty.’s office has exhibited in the Carson case and numerous other cases, puts them in the same miscreant class as those miscreants they seek to prosecute.

Then this week when zuniga ruled on the sanctions that in December 2016 she said she wanted to make sure they stick so that it doesn’t get reversed, she weaseled.  It looks like zuniga jumped ship from justice into the dung heap known as political favoritism. So was zuniga a force for justice in December 2016 and then somewhere along the way she sold her soul for an as of yet undisclosed reason? Oh I forgot, it’s all Trump’s fault.

So once again the DA’s office skates from accountability for serious violations of criminal, moral and ethical prosecutorial misconduct. That is one of the reasons why those of us that write regarding not only the wrongful persecution of people in Stanislaus County, but of any courts or Dist. Atty.’s injustices that cry out for vindication. It is not an easy fight, but a battle that has to be won by we the people.

While we are on the subject of judges and courts, in one or two of my prior commentaries, I have mentioned that judges make a little more than minimum wage but covet their time and in my opinion, spend too little time on the bench administering “justice” while too often innocent defendants languish in a jail cell waiting for the case to be adjudicated.

It is my belief that a judge should be on the bench ready to go at 8 AM, take a lunch break from 12 to 1 and then reconvene until 5 PM. Of course there has to be a 15 minute break in the morning and in the afternoon to comply with federal law. :0) although quite often judges don’t care about the law. With judges on the bench those hours it would move cases along much faster here in Stanislaus County.

The District Attorney’s Office’s has an untenable backlog of cases including numerous murder cases that the DA blames on others. That is why it is time to remove the Queen of the 12th St. ivory tower and replace her with a person that has integrity and believes in morals and ethics for a change. (Go John Mayne)He is my choice and I will expound on that in the future commentary.

As you may recall from my first article in this series of “S” Storms, one of the Queen’s vassals, Harris, who resembled a cockroach due to his conduct in trying to avoid being served a subpoena. After some public exposure, his spokesperson recanted and said it was all a misunderstanding and he would be a pleasure to comply with the subpoena. To anybody that believes that, there is an opening for a job selling refrigerators to Eskimos in Alaska.

This type of subpoena of avoidance which is illegal obviously came from the Queen on down as evidenced by my encounter with the Queen’s guards/militia/army/mercenaries or whatever. So I will now tell you about my encounter with a brick wall at the 12th St. ivory tower.

On February 1, 2018, I was hired by Gene Forte to serve the Queen with a subpoena for an appearance in a federal case Fresno federal court regarding an assault on his person by Deputy Sheriff Timothy Luke Scwartz. Mr. Forte accompanied me so that I could complete the proof of service so Mr. Forte could file it in the federal court in Fresno.

Knowing the procedure that the Queen requires in the ivory tower from a prior encounter, when I entered the lobby I went immediately to the phone as required and made a call upstairs. As I recall, the first person I spoke to was a Yvonne (Spel ?). She asked me what I wanted and I told her that I had a subpoena to serve on Birgit Fladager.

Instead of immediately giving the security guards at the desk permission to let me go up and serve the person who accepts service for the District Attorney’s Office, Yvonne told me she had to talk to someone else and put me on hold. While waiting on hold, I realized where I made my mistake. I should’ve said I have a subpoena for “Her Highness”. Apparently employees in the ivory tower only know her by her Royal name.

Another female came on the telephone and asked me what case it was on. I said it was for a case in federal court in Fresno regarding the lawsuit against a deputy sheriff in Stanislaus County. She said to wait just a moment and she will check and put me back on hold. Now this is where it gets interesting. I am standing there like a Putz with a telephone press against my ear and I heard the telephone ring at the desk where the security guards were.

Being as astute as I am and having been around the block once or twice, I immediately looked at Mr. Forte, pointed at the guard and then pointed back at myself acknowledging that I knew the call was about me/us. The guard spoke a little bit, hung up the phone and told Mr. Forte that we had to leave. Again being as astute and worldly as I am, I knew I could no longer look forward to someone coming back on the phone with me so I hung up.

I walked over to the desk where Mr. Forte was. The security guard told us we had to leave. Mr. Forte asked the security guard what his name was and the security guard refused to answer. Mr. Forte then told the guard that he needed his name to document who threw us out of the building. The security guard stated that he would call the police. Mr. Forte told him to call the police. Mr. Forte again asked the security guard for his name which he still refused to give. The guard stated that he was not throwing us out of the building but we had to leave.

Am I missing something in the middle of that statement from the security guard. He was not throwing this out of the building but we had to leave. At this point I have to say that I’ve been thrown out of a lot better places in this one before and they didn’t even kiss me. As Mr. Forte was asking for this guards name for the fifth or sixth time, his voice elevated somewhat in crescendo. (Webster-Merriam – A gradual increase in loudness).

About that time a gentleman walked out of the elevator and over to our location he stated that he wanted to know how he could help us. Mr. Forte asked him who he was and he stated his name was Richard Delgado and that he is a DA investigator. Mr. Forte explained to him that I was there to serve a subpoena on “Her Highness” the Queen. Mr. Delgado then said well why didn’t you say that to begin with? Just kidding folks. We said Birgit Fladager. :0)

About that time two or three “Suits” walked into the building and Mr. Delgado went over to the group and spoke to one person for several minutes. Mr. Delgado came back to us and said that if we would give him our names and information that some type of an answer would be given to us that day. Mr. Forte asked to Delgado who that was he was talking to.

Well déjà vu all over again. (Yogi Berra) HA HA HA!! Mr. Delgado at first refused to give the name of the person he was talking to. But then after some oral surgery (Teeth Pulling), Mr. Delgado relented and stated that the gentleman’s name was Stephan Robinson, the Dist. Atty. Well, horror of horrors, we never got a call back that day. Imagine that?

Well the next day while Mr. Forte was drafting a declaration to file in federal court regarding the refusal to cooperate in service of a federal subpoena, he received an email from Mr. Bob Taro of the County Counsel’s office. Mr. Taro stated in his email that if we would bring a subpoena to the office of County Counsel they would accept the subpoena on behalf of the Dist. Atty..

As I mentioned before in a commentary, for some reason and I don’t know why, it would be easier for me to nail Jell-O to the wall than to try to serve someone in the Queen’s brigade or the Queen herself lurking up in the ivory tower. Obviously they think they are more important than we lowly peasants. Sometimes I wonder how the self-important people are able to get their heads through a normal sized door.

That is gonna wrap it up with this “S” Storm commentary. But you know, we haven’t even scratched the surface yet of all that is yet to come. And as this persecution in the Carson case obtains a jury and the trial commences its gonna be so much fun sitting here at the keyboard. I can’t wait to get another crack at the criminals, thugs and other assorted dregs of society that ferreira is going to drag into court to try to convict innocent persons.

Be back atcha soon.


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