Part of the Bay Area News Group

DA: Anti-Peterson video hits YouTube

By Lisa Vorderbrueggen
Thursday, October 14th, 2010 at 6:43 pm in 2010 election, Contra Costa County, Contra Costa politics.

Supporters of Contra Costa District Attorney candidate Dan O’Malley have produced their own Willie Horton-style ad that targets opponent Mark Peterson.

It’s unclear who produced the anti-Peterson video or where they intend to air it. O’Malley has said he had nothing to do with it. It would cost thousands of dollars to run it on cable, but for now, it’s on YouTube and http//contracostada.com. (I checked the domain registry and it shows “private.”)

The anti-O’Malley ad features the attorney’s role in the defense of a guy who was released and was later allegedly involved in a home invasion robbery. Click here to watch the anti-O’Malley ad.

The anti-Peterson video (see below) says that Peterson was responsible for errors that allowed accused child molester Elidio Gonzalez Bautista to be released from a  Mexican prison in 2008 before he could be extradited to the United States. The victims’ family blamed prosecutors, saying they dragged their feet and even District Attorney Bob Kochly said his office had made mistakes. At the time, Peterson managed the sex crimes unit.

Bautista was found roughly six months later, re-arrested and sent to Contra Costa County, where he is on now awaits trial.

Reached by phone, Peterson described the Bautista delay as a logistical miscommunication between county prosecutors and the U.S. Department of Justice, which processes extradition requests. During the process, Mexican authorities released Bautista.

“Dan’s supporters are simply trying to divert attention away from the fact that (O’Malley) spends his time trying to get accused criminals out of jail,” Peterson said.

UPDATE 10:07 AM FRIDAY: Comments posted to this blog entry mention a newspaper story in which they say Peterson admitted to the mistake. They point to a link where the Contra Costa Times story has been scanned and posted. Unfortunately, the scan quality is too poor to read the text of the second page, so I cannot yet tell you if this statement is accurate. The story didn’t show up in my Nexis search yesterday of the Bautista case and I’m trying to find out why. In the meantime, I posted below the 11 stories in the CCT about Bautista that appeared as a result of my Nexis search of “Elidio Bautista. ” None of these clips mention Peterson, although one quotes District Attorney Bob Kochly in which he states that the office made a mistake.  I have asked our news research experts to see if they can find an archived, electronic copy of the story in our system somewhere , and I will post it below as soon as I get it.

UPDATE 12:04 PM FRIDAY: Our research folks found the clip in our electronic archives and I have posted it in its entirety below. With respect to Peterson, the story said, in part, the following:

Prosecutors said they had never before extradited a suspect, and missteps and delays occurred.

Bautista’s release in February shocked them as much as it did Calderon, said Deputy District Attorney Mark Peterson. ” We were told this guy was not getting out until April, ” Peterson said. ” We made a decision to bring this guy back. We responded as quickly as we could.”


ADDITION: READ THE TEXT OF THE STORY POSTED ON CONTRACOSTADA.COM BELOW ALONG WITH ALL 12 CLIPS OF STORIES THE CONTRA COSTA TIMES WROTE ABOUT THIS CASE BELOW.

TEXT OF STORY POSTED ON CONTRACOSTADA.COM BELOW:

Family’s search ends in heartache

Sunday Dateline: Print Run Date: 4/13/2008

Digital Run Date: Text:

By Matthias Gafni

STAFF WRITER

It never made sense. Why was it that every time Elidio Gonzales Bautista played ball with his girlfriend’ s 5-year-old granddaughter, it always seemed to bounce down the steps and into the dark basement?

It took a therapist to help the girl explain what had happened in the cold, underground room.

Bautista allegedly did the same to the girl’s two cousins in Pittsburg. And it was what led the district attorney’ s office to issue a $1.8 million warrant for Bautista’s arrest on suspicion of eight counts of lewd acts on a child younger than 14.

Bautista fled to his native Mexico just ahead of the warrant.

That might have been the end of the criminal case, but his former girlfriend ” ” grandmother of the three girls ” ” was determined to find him.

Driven by guilt, Laura Calderon searched for Bautista for more than a year.

She called his friends, acquaintances and relatives. Finally, on a hunch, she called the jail in his Mexican hometown. Bingo: He was serving 13 months for an assault.

Calderon alerted local prosecutors, confident that he would soon be brought back to face charges in California.

Instead, Bautista is once again on the lam.

Mexican authorities released him two months early. The Contra Costa County District Attorney’ s Office had known for at least four months that Bautista was there, but had not filed extradition papers.

” The United States let him walk, ” Calderon said angrily. ” We were promised they would take care of this, and they failed.”

Prosecutors said they had never before extradited a suspect, and missteps and delays occurred.

Bautista’s release in February shocked them as much as it did Calderon, said Deputy District Attorney Mark Peterson. ” We were told this guy was not getting out until April, ” Peterson said. ” We made a decision to bring this guy back. We responded as quickly as we could.”

A family in distress

Angelina Rosiles, 33, speaks softly in the living room of her one-story Antioch home.

She desperately wants to move from the home, which sits in the shadow of a drywall plant in an industrial neighborhood. The basement rooms exude traumatic memories for her daughter.

Rosiles’ daughter, now 6, has a tough time in school, especially P.E. Her father thinks it’ s because there’s a lot of touching during that class.

She and other relatives said they’re sick that the district attorney’s office derailed justice and put other children in jeopardy. A Mexican jail official said his office never received extradition paperwork, and held Bautista as long as it legally could.

Calderon continues to hound all involved, insisting the agencies take responsibility and bring closure to her family.

Meanwhile, Laura Moreno, Rosiles’ sister, says her two daughters punch walls, can’ t sleep, and ask whether the ” Bogeyman” will get them. Her 9-year-old has developed an ulcer from the stress.

The entire family is in therapy.

” My therapist says I have to go on, ” Calderon said. ” But I can’t go on until this is settled.”

Blaming herself

Calderon, 51, had dated Bautista off and on for a decade. She thought he didn’t like children and never noticed him having any interest in her granddaughters.

Allegations that something was wrong surfaced in summer 2006 following a family visit to the Pittsburg house of Calderon’s disabled sister.

As Calderon and Moreno unloaded food and supplies, Bautista and Moreno’s 8-year-old daughter went into the house.

While Moreno was busy in a bedroom caring for her disabled aunt, Calderon fell asleep on the living room couch.

Just a few feet away, Bautista watched TV with the girl. In the subsequent minutes in Aunt Lavonne’s living room, he allegedly molested the girl.

” If he’s willing to do something with someone in the room, he’ s very brazen, ” Moreno said during a visit to her sister’ s Antioch home.

” I only remember him waking me up after, ” Calderon says, tearing up.

Days after the Pittsburg visit, the girl told her mother and aunt about the alleged abuse, which she said had been going on for two years.

The family went to Pittsburg police. As police investigated, the allegations grew, drawing Antioch police to investigate whether two more of Calderon’s grandchildren had been molested.

On Oct. 16, 2006, the district attorney’s office filed charges, adding more counts in April 2007. Bautista had molested the three granddaughters for more than two years, according to the complaint.

But Bautista was gone.

Calderon, 19 years Bautista’s senior, says she last saw him two months before the prosecutors filed charges, and begged him to turn himself in. Calderon says she blames herself for exposing her granddaughters to Bautista.

” I’ve been in therapy for almost two years, ” she said.

Man hunter

Days after he disappeared, Calderon, despite her diabetes and heart condition, became a man hunter. Unable to drive, she found rides to Bay Point, where she spoke with former Bautista associates, often in seedy sections of town.

Bautista could have gone anywhere.

The 33-year-old crossed the border into the United States in 1995, and moved back and forth between countries a handful of times in the decade Calderon knew him, she said.

Bautista has relatives in Mexico but also in Bay Point and Washington state. He made a living doing landscaping and maintenance jobs, Calderon said.

” My mom actually risked her life looking for him, ” Moreno said.

” It didn’t matter to me any more, ” Calderon said. ” Those were my grandchildren, and their innocence was taken and it will never be the same.”

Months went by with no sign of Bautista. On a hunch, in May or June 2007, Calderon called the prison in Bautista’s hometown, Tepic, Nayarit, Mexico.

Unbelievably, Calderon was able to speak to el director, the warden of the Venustiano Carranza Social Rehabilitation Center, who said Bautista was in custody.

” Maybe (the girls) will finally be able to sleep through the night, ” she cried to her daughter as she hung up the phone.

Bautista was serving 13 months for a battery involving injuries.

Calderon told the warden that Bautista was wanted in the United States.

In a letter written to the Times, prison director Javier Guerrero Cervantes confirmed the contact with Calderon, and said he never heard directly from the district attorney’s office.

” Mrs. Laura Calderon made several calls to this prison reporting that Elidio Gonzales Bautista was the subject of an arrest warrant in the United States, ” Cervantes wrote.

Slow start

The district attorney’s office disputes Calderon’s timeline. According to its files, the department learned in October 2007 that Bautista was in a Mexican prison, Peterson said.

Regardless of when it was alerted, Peterson said, the extradition was a first for his department. In his two dozen years as a prosecutor, he had never heard of a suspect found in a Mexican prison.

” That just shows how unusual this is, ” he said.

” We decided to bring him back and we began the paperwork and it was a difficult, lengthy process, ” Peterson said.

It took weeks to reach the U.S. Marshal’s Office in San Francisco, Peterson said. It referred them to the Department of Justice Office of International Affairs in Washington, D.C.

Meanwhile, the family says, the district attorney’s office was telling them that everything was moving smoothly.

Calderon continued checking the Mexican prison for Bautista’s status.

In November, the district attorney’s office asked the family to bring in the girls to finalize some paperwork. The children had to read aloud and sign affidavits about what happened to them.

” They told the kids he was in prison, but he was going to come back and pay for what he did to them, ” Moreno said.

It appeared the extradition was on track and that Bautista would be back by this month.

The second call

Calderon had a bad dream. It was a month before Bautista’s extradition, and she felt anxious.

She called the now-familiar phone number in Mexico and the warden told her the unimaginable: Bautista had been released Feb. 15.

” I started sobbing hysterically and screaming in Spanish, asking Why did you do that?”

The warden, in his letter to the Times, said his office had made several calls to officials alerting them that ” we had no official document from them to detain Elidio Gonzales Bautista and ” ¦ that he could be released anytime because his sentence had been commuted.”

Calderon and her family were furious that the district attorney’s office had allowed Bautista to slip away.

” That was the most horrendous blow because (the girls) felt like they had brought this man to justice, ” Moreno said. ” They felt like they were heroes for keeping him from abusing other children.”

Peterson said Bautista’s release shocked prosecutors as much as it did the family.

Peterson acknowledged that no one in his office ever contacted Mexican authorities to confirm that Bautista was indeed in custody, relying only on Calderon’s word.

” In hindsight, it’s probably something we need to tighten up, ” he said.

” Could it possibly have been done faster? Possibly, but nobody thought he’d get out in February either, two months early, ” Peterson said. ” We can’t just go down and send a plane and pick him up.”

In the end, the district attorney’s office delivered the completed extradition paperwork to the feds the first week of March, days after being alerted that Bautista had been freed, said Paul Bresson, a Department of Justice International Affairs spokesman in Washington, D.C.

” There’s going to be other girls in this country when he comes back that will be assaulted simply because they wouldn’t fill out the paperwork, ” Moreno said. ” Predators like that don’t stop.”

Peterson said the family was simplifying a very complicated process.

Still hoping

” Where do we go when we die?” Angelina Rosiles’ daughter asked while tucked in bed one night at the family’s Antioch house ” ” the one with the basement doors nailed shut.

” Heaven, ” the Antioch mother said, comforting her daughter who couldn’ t sleep.

” Will he be there?” her daughter asked.

” No, he did bad things.”

The search for Bautista is not over. ” It’s an ongoing fugitive matter, and we will work closely with the Contra Costa District Attorney’s Office to find and apprehend this individual, ” said Bresson, the Office of International Affairs spokesman.

Peterson said he has not given up. ” We’re going to try and locate him wherever he is.”

Calderon aches with frustration knowing that her nearly yearlong, needle-in-a-haystack search for Bautista went for naught.

” There’s nothing I can do to make it up to (the girls), but to make sure he pays for what he did, ” she says, ” and now all that is down the drain.”

Staff writers Hilary Costa and Tom Lochner contributed to this story. Reach Matthias Gafni at 925-779-7174 or mgafni@bayareanewsgroup.com.

1 of 12 DOCUMENTS

Contra Costa Times (Walnut Creek, California)

Distributed by McClatchy-Tribune Business News

January 22, 2009 Thursday

BRIEF: Child molestation suspect extradited from Mexico pleads not guilty

BYLINE: Matthias Gafni, Contra Costa Times, Walnut Creek, Calif.

SECTION: STATE AND REGIONAL NEWS

LENGTH: 223 words

Jan. 22–PITTSBURG — A Mexican national with East County roots pleaded not guilty in court this morning to eight counts of child molestation.

In his second court appearance since being extradited from Mexico, a judge appointed a public defender to represent Elidio Gonzalez Bautista, 33, and ordered him to return Feb. 4 to set a preliminary hearing. A translator explained the court proceedings to Bautista in Judge Nancy Stark’s Pittsburg courtroom.

Bautista is being held in County Jail on $1.8 million bail. Prosecutors charged him in October 2006 with the assaults that occurred in Pittsburg and Antioch, but the illegal immigrant fled the United States. Four months after a Times article chronicled the family’s story, Mexican authorities, with the help of the U.S. Marshals Service, arrested Bautista in Mexico. He could be sentenced to 45 years to life in prison if found guilty on all charges.

To see more of the Contra Costa Times, or to subscribe to the newspaper, go to http://www.contracostatimes.com/. Copyright (c) 2009, Contra Costa Times, Walnut Creek, Calif. Distributed by McClatchy-Tribune Information Services. For reprints, email tmsreprints@permissionsgroup.com, call 800-374-7985 or 847-635-6550, send a fax to 847-635-6968, or write to The Permissions Group Inc., 1247 Milwaukee Ave., Suite 303, Glenview, IL 60025, USA.

LOAD-DATE: January 22, 2009

LANGUAGE: ENGLISH

ACC-NO: 20090122-CC-BRF-Child-molestation-suspect-extradited-from-Mexico-pleads-not-guilty-0122

PUBLICATION-TYPE: Newspaper

JOURNAL-CODE: CC

Copyright 2009 Contra Costa Times

2 of 12 DOCUMENTS

Contra Costa Times (California)

January 21, 2009 Wednesday

Child molestation suspect extradited from Mexico pleads not guilty

BYLINE: By Matthias Gafni Contra Costa Times

SECTION: BREAKING; My Town; Eastern Contra Costa; Alameda; Crime; Contra Costa; News; Local

LENGTH: 148 words

PITTSBURG   A Mexican national with East County roots pleaded not guilty in court this morning to eight counts of child molestation.

In his second court appearance since being extradited from Mexico, a judge appointed a public defender to represent Elidio Gonzalez Bautista, 33, and ordered him to return Feb. 4 to set a preliminary hearing. A translator explained the court proceedings to Bautista in Judge Nancy Stark’s Pittsburg courtroom.

Bautista is being held in County Jail on $1.8 million bail. Prosecutors charged him in October 2006 with the assaults that occurred in Pittsburg and Antioch, but the illegal immigrant fled the United States. Four months after a Times article chronicled the family’s story, Mexican authorities, with the help of the U.S. Marshals Service, arrested Bautista in Mexico. He could be sentenced to 45 years to life in prison if found guilty on all charges.

LOAD-DATE: January 25, 2009

LANGUAGE: ENGLISH

GRAPHIC:

PUBLICATION-TYPE: Newspaper

Copyright 2009 Contra Costa Newspapers

All Rights Reserved

3 of 12 DOCUMENTS

Contra Costa Times (California)

January 21, 2009 Wednesday

East Bay Roundup

BYLINE: BAY AREA NEWS GROUP

SECTION: MY TOWN; Alameda; Crime; Education; Contra Costa; News; Local

LENGTH: 420 words

Alamo

meeting on youth drinking: A town hall meeting will be held Feb. 18 to discuss social host ordinances and youth access to alcohol.

The event will be held 7 p.m. at Stone Valley Middle School, 3001 Miranda Ave.

In October, Contra Costa supervisors approved Supervisor Mary Piepho’s social host ordinance, which stiffens penalties for parents who knowingly and unknowingly host parties with three or more underage persons drinking alcohol.

Under the ordinance, parents could face a misdemeanor charge and up to six months in jail and a $1,000 fine. Previously, parents could be cited and fined $200, with no jail time possible. The ordinance affects the county’s unincorporated areas.

To RSVP call Emily Justice at 925-687-8844 ext. 222 or e-mail emily@chd-prevention.org

Eric Louie

Livermore

ST. MICHAEL OPEN HOUSE: St. Michael Catholic School will hold an information night for those interested in its kindergarten through eighth-grade private education.

The event will be held at 7 p.m. Feb. 5 in the kindergarten classroom. The school is at 458 Maple St.

Eric Louie

Orinda

SUSPECT IN MAIL THEFTS ARRESTED: Police arrested a man Tuesday they suspect stole mail and credit cards from dozens of mailboxes in Orinda, Richmond and Berkeley.

Jack Whalen, 24, of El Sobrante, was arrested on suspicion of possessing stolen property after police searched his car and found mail addressed to many different addresses in Orinda and elsewhere in the area, said Orinda police Sgt. Andre Charles.

Whalen is on probation and had been arrested for similar crimes in 2007, said Orinda police Detective Nate Nate McCormack.

Paul Thissen

CHILD MOLESTATION SUSPECT PLEADS NOT GUILTY: A Mexican national with East County roots pleaded not guilty in court Wednesday morning on eight counts of child molestation.

In his second court appearance since being extradited from Mexico, Elidio Gonzalez Bautista, 33, was appointed a public defender and ordered to return Feb. 4 to set a preliminary hearing. A translator explained the court proceedings to Bautista in Judge Nancy Stark’s Pittsburg courtroom.

Bautista is being held in County Jail on $1.8 million bail. Prosecutors charged him in October 2006 with assaults occurring in Pittsburg and Antioch, but the illegal immigrant fled the United States. Four months after a Times article chronicled the family’s story, Mexican authorities, with the help of the U.S. Marshals, arrested Bautista in Mexico.

He could be sentenced to 45 years to life in prison if found guilty on all charges.

Matthias Gafni

LOAD-DATE: January 25, 2009

LANGUAGE: ENGLISH

GRAPHIC:

PUBLICATION-TYPE: Newspaper

Copyright 2009 Contra Costa Newspapers

All Rights Reserved

4 of 12 DOCUMENTS

Contra Costa Times (California)

January 21, 2009 Wednesday

East Bay roundup

BYLINE: BAY AREA NEWS GROUP

SECTION: MY TOWN; Eastern Contra Costa; Contra Costa; News; Local

LENGTH: 261 words

Pittsburg

MAN PLEADS NOT GUILTY IN CHILD MOLESTATION CASE: A Mexican national with East County roots pleaded not guilty in court Wednesday morning to eight counts of child molestation.

In his second court appearance since being extradited from Mexico, a judge appointed a public defender to represent Elidio Gonzalez Bautista, 33, and ordered him to return Feb. 4 to set a preliminary hearing. A translator explained the court proceedings to Bautista in Judge Nancy Stark’s Pittsburg courtroom.

Bautista is being held in County Jail on $1.8 million bail. Prosecutors charged him in October 2006 with the assaults that occurred in Pittsburg and Antioch, but the illegal immigrant fled the United States. Four months after a Times article chronicled the family’s story, Mexican authorities, with the help of the U.S. Marshals Service, arrested Bautista in Mexico. He could be sentenced to 45 years to life in prison.

Matthias Gafni

Orinda

SUSPECT IN MAIL THEFTS ARRESTED: Police arrested a man Tuesday they suspect stole mail and credit cards from dozens of mailboxes in Orinda, Richmond and Berkeley.

Jack Whalen, 24, of El Sobrante, was arrested on suspicion of possessing stolen property after police searched his car and found mail addressed to several different addresses, said Orinda police Sgt. Andre Charles.

Whalen is on probation and had been arrested for similar crimes in 2007, said Orinda police Detective Nate McCormack.

Police suspect Whalen committed most of the mailbox burglaries that have taken place in Orinda in recent months, McCormack said.

Paul Thissen

LOAD-DATE: January 25, 2009

LANGUAGE: ENGLISH

GRAPHIC:

PUBLICATION-TYPE: Newspaper

Copyright 2009 Contra Costa Newspapers

All Rights Reserved

6 of 12 DOCUMENTS

Contra Costa Times (California)

January 12, 2009 Monday

East County molestation suspect arraigned

BYLINE: By Matthias Gafni CONTRA costa times

SECTION: MY TOWN; Eastern Contra Costa; Crime; Contra Costa; News; Local

LENGTH: 280 words

MARTINEZ   Laura Calderon arched her back, stood up and sat down in a courtroom Monday trying to get a clear glimpse of the man prosecutors say molested her three grandchildren.

After almost three years on the run in Mexico, Elidio Gonzalez Bautista, 33, made his initial court appearance with the alleged victims’ family anxiously watching every move. Judge Charles Treat read all eight counts charge that he molested three young girls in Pittsburg and Antioch.

U.S. Marshals extradited Bautista from a Mexico City jail Friday, ending a long search by Calderon and her family.

“I didn’t get to see him,” an exasperated Calderon said outside the courtroom. “I wanted to scream.”

Bautista was barely visible behind a mirrored holding cell when the Mexico native softly whispered answers to his translator. He requested a public defender for his next court appearance Jan. 21 in Pittsburg.

Bautista is being held in Contra Costa jail on $1.8 million bail. Prosecutors charged him in October 2006, but the illegal immigrant fled the United States. Four months after a Times article chronicled the family’s story, Mexican authorities, with the help of the U.S. Marshals Service, arrested Bautista in Mexico. He could be sentenced to 45 years to life in prison if found guilty on all charges.

Finally seeing Bautista captured and shackled was emotional for the alleged victims’ family members.

“I wanted to jump up and scream. He makes me sick,” said Laura Moreno, a mother of two victims.

“We’re at the beginning of the end. There’s still a lot of hardship ahead,” she said. “This is what we’ve been waiting for three years.”

Reach Matthias Gafni at 925-952-5053 or mgafni@bayareanewsgroup.com

LOAD-DATE: January 13, 2009

LANGUAGE: ENGLISH

GRAPHIC:

PUBLICATION-TYPE: Newspaper

Copyright 2009 Contra Costa Newspapers

All Rights Reserved

7 of 12 DOCUMENTS

Contra Costa Times (Walnut Creek, California)

Distributed by McClatchy-Tribune Business News

January 10, 2009 Saturday

Antioch molestation suspect extradited, now jailed in Martinez

BYLINE: Matthias Gafni, Contra Costa Times, Walnut Creek, Calif.

SECTION: STATE AND REGIONAL NEWS

LENGTH: 285 words

Jan. 10–The man accused of molesting three girls in Antioch and Pittsburg and fleeing to Mexico was delivered to Contra Costa County Jail on Friday afternoon, according to U.S. Marshals and jail officials.

Mexican authorities transferred Elidio Gonzalez Bautista, 33, to U.S. Marshals deputies Friday morning in Mexico City, and he was flown back to the United States.

Deputies delivered Bautista to the Martinez jail about 2 p.m., where he is being held on eight counts of child molestation and $1.8 million bail.

Bautista did not say a word on the trip back to Contra Costa, said Deputy Marshal Jeff Searls, who escorted him. Last month, a Mexican judge ruled that Bautista could be extradited.

Contra Costa prosecutors charged Bautista in October 2006, but the illegal immigrant fled the United States.

After a yearlong search, the grandmother of the alleged victims found him in a Mexican jail, but Contra Costa prosecutors failed to get him extradited before he was released and went back on the run.

Four months after a Times article chronicled the family’s story, Mexican authorities, with the help of the U.S. Marshals Service, arrested Bautista in Mexico.

He could be sentenced to 45 years to life in prison if found guilty on all charges. No court date has been set.

To see more of the Contra Costa Times, or to subscribe to the newspaper, go to http://www.contracostatimes.com/. Copyright (c) 2009, Contra Costa Times, Walnut Creek, Calif. Distributed by McClatchy-Tribune Information Services. For reprints, email tmsreprints@permissionsgroup.com, call 800-374-7985 or 847-635-6550, send a fax to 847-635-6968, or write to The Permissions Group Inc., 1247 Milwaukee Ave., Suite 303, Glenview, IL 60025, USA.

LOAD-DATE: January 10, 2009

LANGUAGE: ENGLISH

ACC-NO: 20090110-CC-Antioch-molestation-suspect-extradited-now-jailed-in-Martinez-0110

PUBLICATION-TYPE: Newspaper

JOURNAL-CODE: CC

Copyright 2009 Contra Costa Times

8 of 12 DOCUMENTS

Contra Costa Times (California)

January 9, 2009 Friday

Antioch molestation suspect extradited, now jailed in Martinez

BYLINE: By Matthias Gafni Contra Costa Times

SECTION: MY TOWN; Eastern Contra Costa; Alameda; Crime; Contra Costa; News; Local

LENGTH: 210 words

The man accused of molesting three girls in Antioch and Pittsburg and fleeing to Mexico was delivered to Contra Costa County Jail on Friday afternoon, according to U.S. Marshals and jail officials.

Mexican authorities transferred Elidio Gonzalez Bautista, 33, to U.S. Marshals deputies Friday morning in Mexico City, and he was flown back to the United States.

Deputies delivered Bautista to the Martinez jail about 2 p.m., where he is being held on eight counts of child molestation and $1.8 million bail.

Bautista did not say a word on the trip back to Contra Costa, said Deputy Marshal Jeff Searls, who escorted him. Last month, a Mexican judge ruled that Bautista could be extradited.

Contra Costa prosecutors charged Bautista in October 2006, but the illegal immigrant fled the United States.

After a yearlong search, the grandmother of the alleged victims found him in a Mexican jail, but Contra Costa prosecutors failed to get him extradited before he was released and went back on the run.

Four months after a Times article chronicled the family’s story, Mexican authorities, with the help of the U.S. Marshals Service, arrested Bautista in Mexico.

He could be sentenced to 45 years to life in prison if found guilty on all charges. No court date has been set.

LOAD-DATE: January 10, 2009

LANGUAGE: ENGLISH

GRAPHIC: ECCT0110BAUTISTA – Mug from U.S. Marshals. Suspect in east county molestation case, Elidio Gonzalez Bautista, has been extradited from Mexico and is on his way to jail in Martinez.

PUBLICATION-TYPE: Newspaper

Copyright 2009 Contra Costa Newspapers

All Rights Reserved

9 of 12 DOCUMENTS

Contra Costa Times (California)

December 30, 2008 Tuesday

Mexican authorities agree to extradite Contra Costa County child molestation suspect

BYLINE: By Matthias Gafni Contra Costa Times

SECTION: MY TOWN; Eastern Contra Costa; Alameda; Crime; Contra Costa; News; Local

LENGTH: 234 words

A Mexican national wanted on suspicion of molesting three girls in Antioch and Pittsburg will be extradited back to Contra Costa County within 10 days, a deputy U.S. marshal said Tuesday.

Mexican authorities alerted the U.S. Marshals Service this week that a judge ruled that Elidio Gonzalez Bautista’s case fits the extradition treaty between the countries. Bautista, who is in a Mexico City jail, will be flown back to the United States by marshals and taken to a Contra Costa jail, where he will await arraignment, said deputy U.S. Marshal Jeff Searls.

Seeing Bautista in a U.S. courtroom will be an emotional moment for Laura Calderon, the grandmother of the three victims and former girlfriend of the suspect.

“I’m very happy, but it’s going to be very hard and the children, they’re scared,” she said.

Contra Costa prosecutors charged Bautista in October 2006, but the 33-year-old illegal immigrant fled the United States. After a yearlong search, Calderon found him in a Mexican jail, but Contra Costa prosecutors failed to get him extradited before he was released and back on the run.

Four months after a Times article chronicled the family’s story, Mexican authorities, with the help of the U.S. Marshals Service, arrested Bautista in Puente de Camotlan.

He could be sentenced to 45 years to life in prison if found guilty on all charges.

Reach Matthias Gafni at 925-952-5053 or mgafni@bayareanewsgroup.com

LOAD-DATE: January 1, 2009

LANGUAGE: ENGLISH

GRAPHIC:

PUBLICATION-TYPE: Newspaper

Copyright 2008 Contra Costa Newspapers

All Rights Reserved

10 of 12 DOCUMENTS

Contra Costa Times (California)

September 16, 2008 Tuesday

Molestation suspect faces extradition

BYLINE: By Matthias Gafni Contra Costa Times

SECTION: BREAKING; My Town; Eastern Contra Costa; Alameda; Crime; Contra Costa; News; Local

LENGTH: 371 words

Laura Moreno’s 10-year-old daughter brought her teddy bear “Angel” to Tuesday’s court proceedings.

“It makes her feel safe and secure,” Moreno said outside court, moments before her daughter made an appearance before a judge.

Moreno’s 10- and 12-year-old daughters testified in Pittsburg’s Contra Costa Superior Court that their sworn statements accusing Elidio Gonzalez Bautista of molesting them were true.

Authorities are holding Bautista, a Mexican citizen, in a Mexico City jail on eight counts of molestation involving Moreno’s two girls and their 7-year-old cousin in Antioch and Pittsburg. Prosecutors filed charges in October 2006, but the 33-year-old illegal immigrant fled the United States.

Moreno left Judge Nancy Davis Stark’s courtroom in tears after the quick proceeding Tuesday.

“When they have to say the things that happened to them, it’s just so hard to listen to,” she said. The two girls’ younger cousin did not have to testify Tuesday.

The three girls’ affidavits, along with other paperwork, will most likely be sent to the Office of International Affairs in Washington, D.C., today. From there, they will be forwarded to a Mexican judge, said Contra Costa deputy district attorney Andrea Tavenier.

Based on the evidence, the Mexican judge will rule whether to extradite Bautista back to Contra Costa County.

Bautista could face 45 years to life in prison if found guilty on all charges, Tavenier said.

“I think any case where a family member so badly abuses the trust of a close family member is a horrible case,” she said.

Moreno and her family initially criticized the district attorney’s office saying it failed to extradite Bautista when he was originally tracked down in another Mexican jail.

The molestation suspect was released from that jail and went missing for almost six months before Mexican authorities, with the help of the U.S. Marshal’s Office, tracked him down in Puente de Camotlan.

Moreno said she hopes to see Bautista in a Contra Costa courtroom soon.

“I have prayed that we will get the justice that my children deserved,” Moreno said.

“This was a very dangerous animal that negatively affected my children’s lives forever.”

Reach Matthias Gafni at 925-952-5053 or mgafni@bayareanewsgroup.com .

LOAD-DATE: September 18, 2008

LANGUAGE: ENGLISH

GRAPHIC:

PUBLICATION-TYPE: Newspaper

Copyright 2008 Contra Costa Newspapers

All Rights Reserved

11 of 12 DOCUMENTS

Contra Costa Times (California)

August 12, 2008 Tuesday

Correction: Molestation suspect

BYLINE: Contra Costa Times

SECTION: MY TOWN; Alameda; News; Local

LENGTH: 23 words

A summary headline on the front page Tuesday should have said molestation suspect Elidio Gonzalez Bautista was arrested Sunday, not Monday.

LOAD-DATE: August 15, 2008

LANGUAGE: ENGLISH

GRAPHIC:

PUBLICATION-TYPE: Newspaper

Copyright 2008 Contra Costa Newspapers

All Rights Reserved

12 of 12 DOCUMENTS

Contra Costa Times (California)

August 11, 2008 Monday

East County child molestation suspect captured in Mexico

BYLINE: By Matthias Gafni Contra Costa Times

SECTION: MY TOWN; Eastern Contra Costa; Alameda; Crime; Contra Costa; News; National; Local

LENGTH: 639 words

OAKLEY   Two years after Laura Calderon began her search for the man who allegedly molested her three grandchildren, she got the call she never thought possible.

“We caught him,” a U.S. marshal told Calderon on Monday morning. The 51-year-old Antioch grandmother collapsed onto the floor. As relatives tried to calm the screaming, jubilant woman, her daughter Laura Moreno picked up the phone to get her own confirmation.

Deputy U.S. Marshal Jeff Searls relayed the news: Elidio Gonzalez Bautista was arrested by Mexican federal agents Sunday in Puente de Camotlan in the Mexican state of Nayarit.

“I’m still in shock, I’m going to be honest. It’s surreal,” Moreno said from her Oakley home. “Finally we have some peace. It just feels great right now.”

Bautista is wanted on a $1.8 million arrest warrant charging him with eight counts of molestation involving three young girls in Antioch and Pittsburg. Prosecutors filed charges in October 2006, but the 33-year-old Mexican citizen fled the United States. Calderon, Bautista’s former girlfriend and the victims’ grandmother, tracked him to a Mexican jail in his hometown of Tepic.

Contra Costa County district attorneys began the extradition paperwork but hit snags, and Bautista was released from prison Feb. 15, two months earlier than expected. The victims’ family said prosecutors dragged their feet, and the delays allowed Bautista to return to freedom. District Attorney Robert Kochly said his office made a mistake and would streamline future extraditions. The head prosecutor also vowed to continue searching for Bautista.

In March, the district attorney’s office asked for help finding Bautista and marshals began pursuing him, Searls said.

“We went to various locations and relatives and we were unable to find him initially,” he said.

A Mexican judge issued a provisional arrest warrant three months ago allowing Mexican authorities, working with the U.S. Marshals office and Pittsburg police, to pursue Bautista.

Marshals developed information on the whereabouts of Bautista’s family in Mexico. Mexican authorities found Bautista near relatives in a town about 40 miles east of Tepic, said Searls, who had limited information about the arrest.

“We basically got him from Laura Moreno’s information,” Searls said.

Authorities flew Bautista to a Mexico City jail where a judge will decide whether to extradite him to the United States. Searls expected the judge to rule in about four months. He had no concern that Bautista would be released again.

“They moved him to Mexico City to have more control over him. I don’t think it will happen this time,” he said.

Calderon also was confident that Bautista would return to the United States.

“I think now that the U.S. Marshal has him … he’s not getting away this time,” Calderon said. “It makes me feel like justice was served. It was slow and very painful, but it happened.”

The family has not told the children of Bautista’s capture. They are all in therapy and the news will be introduced carefully, Moreno said.

Once in court, the family wants Bautista to get the maximum punishment.

“I think he needs life in prison. I believe our girls will never be exactly the same as they would’ve been.”

She said she hoped the outcome would encourage other victims to go after abusers.

“I know a lot of people with children who are victims of people who are illegal (immigrants) and they feel once they escape there’s nothing they can do,” Moreno said. “I hope people are inspired to go after them.”

“If me and my daughters wouldn’t have worked so hard to make change or you wouldn’t have put the article in the paper to put pressure on the district attorney, this man would still be walking on the streets,” Calderon said.

“It was hard,” she said. “We had to work to find justice.”

Reach Matthias Gafni at 925-952-5053 or mgafni@bayareanewsgroup.com .

LOAD-DATE: August 15, 2008

LANGUAGE: ENGLISH

GRAPHIC: From left, grandmother Laura Calderon, Angelina Rosiles and Laura Moreno in Oakley Calif., Monday, August 11, 2008. Both Rosiless and Moreno’s daughters were alleged victims of Bautista. (Contra Costa Times / Bob Larson)

PUBLICATION-TYPE: Newspaper

Copyright 2008 Contra Costa Newspapers

All Rights Reserved

[You can leave a response, or trackback from your own site.]

  • Djundrcover

    Oh this is rich, “O’Malley has nothing to do with it.” Sure he didn’t. After being blasted by the Concord Police Dept for his insults to law enforcement officers and recent bad press against him in EastBayExpress for his involvement in the Gressett case, it is no wonder why Dan has continued to go negagtive. The allegation that Mark allowed Bautista to be released it ridiculous and absurd and has no merits whatsoever.

    First off, with regards to the Bautista case, that guy was in a Mexican jail. American law enforcement have no influence on what the Mexican’s do with their prisoners. They released this suspect two months early and never notified the DA’s office who was in the process of getting him back from a corrupt government. Most people have no idea how hard it is to get someone extradited from another state, let alone Mexico. The DA’s office can only rely on the United States Dept of Justice for assistance, so maybe O’Malley should direct that concern to Eric Holder.

    Second, neither Mark, nor the lawyers who handled the case at the DA’s office handle extraditions. There is a non-lawyer who handles these requests and although I will leave her name out of it, she has less than an excellent track record. And who continued to retain her as an employee, O’Malley’s best friends, Kochly, Baker and Sequiria.

    Third, the flow chart at the Gressett case is so easy to follow. Jane Doe contacts O’Malley first, hence why O’Malley does not want his cell phone records disclosed. O’Malley did not call the police, he called Kochly, who did NOTHING for months. Mark was unaware of Jane Doe’s allegations for months until Kochly told him. Them after Mark decides to run for DA, Kochly demotes him and endorses O’Malley. Very simple to follow.

    O’Malley got crushed in the primary, recently spent $12,000 on polling (check Times for amounts spent on polling) and I would imagine that based on that polling, things aren’t looking so good for Dan. So he turns to documented unfactual lies to smear Mark. Unlike with Mark’s video, there is documented evidence what O’Malley said about him was false.

    Mark has been a prosecutor for 25 years. He doesn’t ride his daddy and sisters coattails like Danny does and has a vision for the DA’s office. Peterson is the clear choice.

  • One concerned citizen

    Look at Contra Costa Times own article where Mark Peterson admitted that he was the person responsible, he just tried to excuse his actions by claiming the paperwork was complicated. Click on the below link and click on child molester Elidio Gonzalez and read the article.

    http://www.contracostada.com/

  • michael batie

    I’m confused here. Didn’t Peterson take full responsibility for this back in 2008? Check the facts.
    Seems to me the political “reporter” has finally let her bias come through loud and clear. Perhaps her ties to the Peterson camp should be investigated or she should do the right thing and leave political reporting to objective professionals.

  • One concerned citizen

    Ask the mother of the two little girls Gonzalez moletested…this video lets Peterson off easy, she says “Mark Peterson is everything this ad say and more my daughters were the victims of the child molester he let go because he did not fill out the paperwork and lied over and over about it.” (See mother’s comment at below link.)

    http://www.youtube.com/watch?v=-GXXBZoUMq4

    It is amazing to me that Lisa V does not note this in her blog and attempts to chalk this up to “county prosecutors” and “Kochly.” Lisa, read the archived articles of your own paper, Peterson admitted it was his responsibility, but tried to excuse his negligence by claiming the paperwork was complicated. Of course, that is what lawyers are supposed to do…deal with complicated paperwork..fact is Peterson dropped the ball and a family suffered immesurable heartache and harm…why is this not a story. Does it not impact someones qualifications to be DA. The question, of course, answers itself.

  • RF

    wow, you smell like a district attorney, maybe one named Mark.

  • John W

    Just received my first mail propaganda from the two campaigns. The one for Peterson is a “Dems for Peterson” piece, featuring 10 pictured Dems. For me, the most interesting endorser was Gus Kramer. Guess he isn’t with the rest of the club on this one. The O’Malley piece makes it known that O’Malley is the only one officially endorsed by the state and county Democratic party organizations. So much for the nonpartisan office! The front also features a “WARNING” to not “believe right-wing Republican Mark Peterson’s negative smear campaign…” It goes on to note that “Peterson is just another opportunistic career politician beholden to developers and special interests who are funding his campaign.” Same language and talking points I’ve seen posted here on Ibabuzz. Oh, and there’s the obligatory picture letting us know Dan has a family and a dog.

  • neighborhood guardian

    Hey DJundercover:

    You seem to think you know all the facts, but you clearly know nothing. I can tell you are a Peterson support that is so desperate that you will do anything to support your candidate.

    Peterson supports continue to try to tie O’malley to the Gresset rape scandal without acknowledging that it was Peterson’s unit that was the center of the scandal. Peterson was demoted from his position for his lack of supervision and for attempting to interfere with the Gressett rape investigation on behalf of his friend Mike Gressett. Peterson has never taken responsibility for his errors, instead he attempts to blame his faults on “politics.”

    Peterson is a joke. Peterson is the one who started the smear tactics and O’Malley is finally fighting back.

    Peterson never says why he’s the better candidate, he only slanders O’Malley. Why is it that after 25 years of working at the DA Office that he can’t even win the support of his fellow DAs? Is it because they actually know what type of person he really is? Why does Peterson deceptively claim that he is endorsed by “police”, neglecting to inform the electorate that he’s endorsed only by the Concord Police department where he is a city council member.

    Judge Dan O’Malley, is endorsed by every other law enforcement agency in the county. Vote O’Malley and don’t believe the petty attacks by these small people. Seriously, its laughable. VOTE O’MALLEY on 11/2.

  • John W

    Re: #4 Djundrcover

    Next to last paragraph: “…unfactual lies…” Wow, the unfactual ones are the worst.

    Sorry. Just kidding. I’m on your side.

  • truth hurts

    Hey neighborhood:

    Interesting point about how EVERY LAW ENFORCEMENT AGENCY supports O’Malley except concord PD. I would assume law enforcement would know who to support. All this other stuff seems to be trivial and personal attacks by disgruntled shallow people.

    I support law enforcement, so I’ll support O’Malley.

  • Elwood

    “(O’Malley) spends his time trying to get accused criminals out of jail”

    Omigod, that evil, evil man.

    The key word here is “accused”.

    That’s what defense attorneys do you s—head.

    I’d like to hear Peterson’ explanation of why he was demoted just last year.

  • Djundrcover

    Thanks John W….I actually really appreciate the fairness of your comments. And I am glad your voting for Peterson.

    Elwood, watch the immature language. Or Lisa V is gonna bump you. There is nothing wrong with opinions, but keep it clean.

  • Djundrcover

    In other words John, your accurate truths

  • Lisa Vorderbrueggen

    One Concerned Citizen:

    I clicked on the http://www.contracostada.com page but unfortunately, the quality of the scan on the second page of the newspaper article is too poor for me to read the text. I tried to find that same article in the Nexis archives, and it doesn’t show up. I am not sure why. I have asked our news research folks to see if they can come up with it, as I would like to read it. I did post on blog the 11 articles about Bautista that showed up under a search of the guy, none of which quote or names Peterson.

  • Lisa Vorderbrueggen

    Our researchers found the clip that quoted Peterson in our electronic archives, and I have posted it in its entirety on the post.

  • GiantsFan

    There have been a number of troubling things that have occurred during this campaign done by the Peterson camp in an effort to smear the good name of a widely respected man; Dan O’Malley.

  • GiantsFan

    Here is a list of some of the attacks and why they don’t matter.
    The recent letter released by the Concord Police Department smearing Dan is a joke. Out of all the police agencies in Contra Costa County, Concord PD is the only one endorsing Peterson. Why? He sits on the Concord city council and votes on their pay and the department’s overall budget. None of the other police agencies released letters to attack Dan. It doesn’t hurt that the Concord Police Association and Peterson have the same political consultant, Mary Jo Rossi.

    The attempt to link Dan O’Malley to the Michael Gressett case is akin to the argument that 911 was in inside job. Peterson points to the East Bay Express article that attempts to connect the dots between Dan and the Gressett investigation. It this was such a big story, why didn’t it appear in any of the respected local papers like the Chronicle and the Times? The reason is that the sources of the information were suspect. The evidence simply isn’t there.

    Dan currently works as a criminal defense lawyer. Big deal. Peterson ignores the fact that Dan was a deputy district attorney for 13 years. He was then elected a superior court judge and served for another six years. Then after deciding to run for district attorney, he had to leave the bench because a sitting judge is barred from running for another elected office. For good reason I might add. All those that have endorsed Dan know full well what he does for a living now. Its not the job, but the man that does the job that counts. Every law enfocement agency, 80% of the deputy district attorneys at the Contra Costa DA’s office, judge and defense lawyers support Dan. All those who have made endorsements know both candidates well and the vast majority have supported Dan O’Malley. To all those voting in this election, I usge you to side with those who know the candidates best and vote for Dan O’Malley for District Attorney.

  • Elwood

    djundercover:

    Are you the moderator of this forum now?

    Bite me.

  • Elwood

    I see in today’s CC Times (an edition of the San Jose Mercury News) that Gus Kramer (the snake), is suspected, once again, or still, if you prefer, of unethical if not illegal behavior.

    The snake is a prominent endorser of the weasel (Mark Peterson). One ethicist quoted in the story says the snake’s fate is up to the DA.

    Can you imagine what kind of treatment the snake would get from the weasel?

    And strangely enough, the Seeno corporation, supporter of both the snake and the weasel keeps bobbing up in this saga, like the ever popular foreign object in the punch bowl.

  • Josh Richman

    Re #17: No, Elwood, I’m the moderator here, and I’ll say it: Watch your language. I’ve gone back and modified your comment, and will either do that or delete comments entirely for any future profanity.

  • Elwood

    Re: #19

    My mistake, Josh.

    Won’t happen again.

    I guess I wasn’t aware that the familiar four letter Anglo Saxon word for excrement was so offensive here in the 21st century.

  • Josh Richman

    Honestly, I don’t have much of a problem with it myself, Elwood, but we’re supposed to be a family-friendly news organization and – believe it or not – we sometimes get complaints.

  • REW

    The Concord POA leadership is a joke. In this race for DA they are siding with developers and garbage company owners agaisn’t law the law enforcement backed candidate Dan O’Malley! It’s just unbelievable. But what can you expect from a POA that gets it’s marching orders every election cycle from Concord Disposal. The fact is the Concord POA is heavily mixed up with this barfo garbage backed political machine from Concord, so much so they think it’s apropriate to oppose the law enforcement backed candidate in a DA’s race. Fortunately we’ve got a lot of great POA’s in this county – all of whom are backing Dan O’Malley for DA. Unlike The Concord POA, these POA’s understand you don’t take orders from garbage company owners, developers, and political consultants when it comes to choosing our top law enforcement people. A complete overhaul in the leadership of the Concord POA is needed, I think. This race proves Concord’s POA has been corrupted by special interest money.

  • RR, Uninvited Columnist

    Fellas, let’s be civil. As we used to say before a ballgame: When The One Great Scorer comes to write against your name, He does not write if you won or lost, but how you played the game.

  • Jim

    Just received my Republican mailer from Peterson and had to laugh out loud. Hal Jewitt (name spelled wrong supposed to be Jewett) the guy who punched his supervisor, some guy named Holcombe, are supposed to be the prominent Republicans in the community? Then I looked at Dan O’Malley’s website and realized the prominent Republicans like Yancey, the Sherrif, etc. All support Dan that is why the Peterson mailer was so pathetic. And now Kramer under investigation? Peterson’s attempt to get the Dem vote. Come on—This Republican is now for O’Malley!

  • Oscar F

    So as soon as O’Malley starts fighting back, he’s pinned as the one who started it?
    Give me a break!

    This whole campaign has been Peterson’s camp going negative, because they evil people like him and Bubbles have never known how to play fair. We can safely say that these people never did well in PE.

    They know O’Malley’s a good guy. Tolerant. Patient. And the right man for the job.
    So they obviously said to themselves down there in their evil, little lair, “why don’t we try to make up the wildest story and make him look like a really, really bad guy and then, by default, people will, like, vote for mark?”

    In the face of all adversity,ridiculous lawsuits, threats of more legal action, slamming of his family and his reputation, why is O’Malley not allowed to defend himself?

    I’m glad those that made the website put it out there. The truth needs to be told. It certainly says to me that the deputy district attorneys don’t want Peterson for a reason. And I agree with them 100%.

    That Gordon smear campaign was a bunch of bull, and Peterson’s camp knows it. That’s why they had to INVENT IT. They just find it too hard to come up with anything like a plan to that could, like, help people?
    :rolleyes at you, djundercover:

  • Oscar F

    Would be better if you could make the link to the first video work!
    Thank you!

  • John W

    In the primary, not knowing much about any of the DA candidates, I voted for O’Malley, based on family reputation. After I had already voted, the Times editorial came out and discussed the strengths and weaknesses of each. Falahat (now endorsing Peterson)had the appeal of being somebody who could counter the locker-room environment of the DA’s office but lacked experience. Peterson was deemed to be highly qualified but perhaps too much of a pitbull for a leadership job. O’Malley was deemed to be a qualified nice guy but without much fire in the belly and perhaps too laid back for a leadership job. That last point made me regret my vote, considering the nature of the DA job. All the dirt and endorsements flying back and forth are interesting, but I’m still hung up on the fire in the belly issue. Plus, it really bothers me that the county’s top prosecutor and top judge would be married to each other. I’m waiting to see whether the Times sticks with its prior endorsement in light of Peterson’s primary performance. Undecided – leaning Peterson.

  • Breg

    The Gordon matter a Peterson smear campaign? Nope. Check out the East Bay Express’ investigative report and decide for yourself: http://www.eastbayexpress.com/gyrobase/a-troubled-rape-case-becomes-even-more-troubling/Content?oid=2032479&showFullText=true

  • Lisa Vorderbrueggen

    Oscar F: I just fixed the link! Thanks for letting me know.

  • seeno’smom

    Lisa – If you were truly an unbiased investigative reporter, you would make an effort to interview deputy DA’s in Peterson’s own office to uncover why 90% of them want no part of Mark as their boss. Those opposing Peterson all fear retribution in the form of demotions or firing if Peterson were to be elected. They know Mark better than you and the electorate and they do not want him as our next DA. Seems to me this fact is imporant yet you have made no effort to follow this lead. WHY???

  • Lisa Vorderbrueggen

    Seeno’s Mom:
    Yeah, I get it. A lot of people in the DA’s office don’t like Peterson. I’ve written about the people who don’t like him, and so has our courts reporter, Malaika Fraley. Malaika and I have both heard plenty of negative about both candidates but few want to go on the record, for obvious reasons.

    The fact is, the employees in the DA’s office don’t get to choose their next boss. Voters get that choice. Voters may or may not care that the employees in the DA’s office prefer O’Malley to Peterson. The voters didn’t seem to care that O’Malley had nearly every law enforcement endorsement in the county in the primary election.

    As for the statement that I possess a bias about the outcome of this election, I will tell you straight up that I know both men and I have no qualms about either one of them being elected district attorney. I know Peterson personally because he has been a Concord councilman for many years. I didn’t meet O’Malley until this election and I have had no need of a defense attorney, but O’Malley has the support of many individuals that I hold in very high regard.

    It is unfortunate that the campaign has become so ugly and emotional, but this is not unusual. The DA’s job is a highly sought-after position and both Peterson and O’Malley have wanted this post for many years.

  • John W

    Re #31

    What? Both candidates are qualified and could do a good job as DA? Bummer!

  • seeno’smom

    Thanks for the reply Lisa. Malaika’s article this morning was a good one and hopefully will get the voters focusing on the issues and platforms rather than all the hyperbole beign thrown out by Peterson’s camp. What amazes me is that Peterson is being paid a salary by US while he campaigns all day including facebook posts and phone calls rather than putting away all the criminals he asserts he is prosecuting. O’Malley is running his campaign on his time, NOT OURS. That fact should not be lost on the voters who should recognize O’Malley has a broad experience and is most prepared to assume the position of DA.

  • Breg

    Re: #30

    Actually, its the other way around. Most of the DAs in the office are supporting O’Malley because he is the choice of current DA Robert Kochly and his top lieutenants, Paul Sequiera and Brian Baker. The office is a grossly political office, which I’m sure the courts and politics reporters understand. The top brass has “put the arm” on the office to support Dan. You all recall the fundraiser for Dan organized by a member of the office that recommended the grossly underpaid contract DAs contribute $200, and the more highly paid permanants contribute significantly more? Although Mark surely isn’t happy about the arm twisting, he also surely understands the political pressure on these young DDAs. Those that have come out and supported Mark Peterson have shown tremendous courage and should be commended – the work environment can’t be fun for them now. Consider that.

  • http://none Jack Harris

    Vote for Dan O’Malley! This letter is lengthy because it contains specific information that some would not write about in a public forum, but it is worth your time to read. My name is Jack Harris and I retired from law enforcement after 24 years, having been a Sergeant in Pittsburg PD, an Inspector in the Contra Costa County DA’s Office, and having gained work experience from a multitude of different law enforcement positions. I have now been a private investigator and criminal defense investigator for 18 years. I have also been a police association president during some of the most politically charged times possible for police officers, and know first hand that police associations, like many employee groups, don’t always speak for the majority.

    These are reasons and encouragement for everyone to take the time to vote, and to vote for Dan O’Malley. These are examples of why ethical and criminal corruption, and cronyism, are real in Contra Costa County. This is also my response to the CPOA letter this month by Sgt. Jeff Krieger and their endorsement of Mark Peterson.

    It is significant that the Concord Police Officers Association (CPOA) is the only police association in the county to have endorsed Peterson, and that Peterson is a Concord City Councilman. Politics often has a bearing on which Police Associations endorse which candidates, but Peterson’s inability to have more than one of the County’s estimated 19 Police Associations (CCCDSA included) endorse him, is unusual and probably very significant. It is emphasized that all of the other Police Associations endorsed O’Malley.

    The CPOA letter is unprofessional, lacks common sense, and does not logically seem representative of most of the officers in Concord PD, nor in any law enforcement agency. The letter ridiculously and blatantly relies on O’Malley being a criminal defense attorney as a reason not to vote for him.

    The letter says nothing of importance! It merely reiterates the belief among a few that prosecutors, their investigators, and the police are the good guys, and that defense attorneys and their investigators are the bad guys. In actuality, some of the best defense attorneys have made the best prosecutors and DA’s, and some of the best prosecutors have made the best defense attorneys. I also know with certainty that some of my retired law enforcement friends have become excellent criminal defense investigators, some of which have returned to law enforcement and done equally well.

    The term, “Attorney at Law”, has an inherent, easily understandable, and obvious meaning, the emphasis being on the words “at Law”. All lawyers, whether prosecutors, defense attorneys, or otherwise, are expected to be honest, competent, professional, and to always represent their clients, whether the State of CA or private parties, in a manner consistent with advocating the complete truth. This is extremely important in criminal law, because peoples freedoms are at stake. If a person is so prejudice or naive to believe that law enforcement is either always right, or always wrong, then they are dangerously wrong, and need to never be a juror. Some people never understand this until they or someone close to them gets charged with a crime, and this can happen to the best of us. Criminals are not comprised solely of street and gang thugs, they exist in every walk of life and profession, and at all levels.

    The fact the CPOA “takes serious exception” in reference to O’Malley’s comments about police and prosecutors understanding domestic violence victims and perpetrators, indicates that the CPOA believes that the police are the only authority on the subject, and that how dare a non law enforcement type have any opinion regarding this issue. However, because O’Malley’s actual stated opinions regarding domestic violence are based on his legal experience as a Superior Court Judge, Deputy District Attorney, and criminal defense attorney, which is far more experience then that of Peterson, and because his opinions regarding domestic violence are shared by most law enforcement administrators, who consistently mandate training in this area for their personnel, and from my own experience have done so since at least the early 1970s, it is obvious that the CPOA picked an ineffective topic for their letter.

    O’Malley’s actual statements: “When (Horowitz) called me, I said I would help out because many law enforcement officers and seasoned prosecutors don’t understand the subtleties of the larger issue,” O’Malley said. “As a society, we often blame the victims rather than focus on the crime. We say she shouldn’t have had a drink. We say she shouldn’t have been out at midnight. We say she should not have worn provocative clothing. But we should be teaching the batterers not to batter. We should not blame the victim.”

    Don’t tell me that the excuses stated above by O’Malley have not been told to victims of domestic violence by police officers, because I know this has occurred from both my experience as a police officer and as a private investigator. And also don’t tell me that teaching batterers not to batter is not a priority in law enforcement, the courts, and in the organizations that do exactly that, teach batterers not to batter.

    CPOA version of O’Malley’s statements: [M]any law enforcement officers and seasoned prosecutors don’t understand the subtleties of the larger issue [of violence upon women] “… [W]e should be teaching the batterers not to batter. We should not blame the victim.”

    The CPOA distorted the context by leaving out the rest of what O’Malley said, which was: “As a society, we often blame the victims rather than focus on the crime. We say she shouldn’t have had a drink. We say she shouldn’t have been out at midnight. We say she should not have worn provocative clothing.”

    You can read the full story regarding these statements at:

    http://www.ibabuzz.com/politics/2010/09/28/da-candidate-to-consult-on-mel-gibson-lawsuit/

    Based on cases I have worked as a private investigator, domestic violence victims, and victims of other crimes, are sometimes also told by the police that there is nothing the police can do to help them, with or without an explanation, or that the police have to witness an assault in order to arrest the suspect.

    The CPOA’s obvious attempt to slander O’Malley because he and his partners “vigorously” defend people charged with crimes, including domestic violence defendants, is nonsense. All attorneys, whether working for the prosecution, defense, civil or otherwise, should work as vigorously as possible for us, and are typically paid very well to do so.

    CPOA Letter: “If you have been arrested or charged with domestic violence or spousal abuse “… [t]he attorney’s at O’Connor, Runckel and O’Malley “… will vigorously defend you to make sure your rights are protected.”

    The CPOA letter reflects poorly on the CPOA , Concord PD, the City of Concord, and on City Councilman Mark Peterson, regarding the mind set and training of their police officers, and in the case of Peterson, the DA’s Office. People are still innocent until proven guilty, and it is the jury, not the CPOA or Peterson, that makes such a determination. Peterson knows better than this, and if not then he should not be an attorney, let alone the DA.

    The last pertinent sentence in the CPOA letter is: “Victims’ rights enjoy a top priority in every one of our criminal investigations”.

    No one can honestly say that every victim’s rights in a criminal investigation are given top priority. Even with the best of intentions, this is not consistently possible. Add to this that some police officers will “kiss off” cases in order to avoid the time required for a thorough investigation and report, and it is a certainty that the rights of all victims are not given priority. I was a street sergeant for several years, I knew several other supervisors and watch commanders, and most would probably agree that one of their most important functions regarding cases reported was making certain that investigations were properly conducted and reports were properly written, particularly when supervising certain officers who had displayed a pattern to the contrary. They would probably also agree that the term, “Kiss Off”, is a common term used when a police officer intentionally fails to take appropriate action.

    O’Malley has significant experience as a prosecutor, judge, and defense attorney, and such diversified experience relative to being the DA far surpasses that of Peterson. Peterson has obviously tried to win votes by portraying O’Malley as a weak candidate because O’Malley has defended people charged with crimes. The Peterson Camp though escalates and distorts the truth here by using the term, “Dan O’Malley Defends Criminals”, apparently not caring that those charged with a crime are innocent until proven guilty, and that these comments portray Peterson himself as a right wing extremist who would make a better dictator than DA.

    A small percentage of law enforcement and the public will always strike out at criminal defense attorneys and investigators, as if they were immoral and unethical liars and cheats who would do anything to win their cases. I have found the exact opposite to exist in Contra Costa County, not among the majority, but definitely among enough to make these remarks. I believe that the vast majority of law enforcement personnel are honest, professional, ethical and hard working. I also believe though that the there remains significantly less honest, professional, ethical and hard working law enforcement personnel, who have climbed the latter and are now in control of the actions of others.

    Example: Consider the history of the Pittsburg Police Department, and how the a police administration patterned itself after a Mafia Godfather and his lieutenants and soldiers, having held meetings where the Godfather and his servants exchanged kisses, and then laid out plans for achieving and retaining power by ruthlessly assassinating the characters of those who opposed them. Consider the allegations of search warrant tips offs in drug cases and other cases, some having been reasonably proven. Consider that persons suspected of organized and other sophisticated crime, were ignored, inclusive of organized crime groups like the Hells Angels. Consider that if you worked narcotics and in some way indicated an interest in such activities, that you might find yourself assigned to meaningless surveillance in downtown Pittsburg for the purpose of arresting people for drinking alcohol in public, or working in the downtown substation with orders not to leave. Consider that in order for an administration like this to survive, that it had to be comprised of easily manipulated people, and that the best way to do this was to hire misfits. Consider that some of us believed that such an evil police administration would eventually lead to more serious misfeasance and crimes, even murder, being committed by Pittsburg Police Officers. Now research the murder of Cynthia Kemp by former Pittsburg Police Officers Eric Bergen and George Elsie, who along with two civilians also committed a number of armed robberies.

    Of extreme importance, understand that the Contra Costa County DA’s Office had an opportunity to put an end to this Police Administration, by prosecuting the Chief of Police for lying to their Office during the DA’s investigation of the Police Department in 1982, which most certainly would have resulted in the Police Chief’s firing, and eventually the rest of his group. The DA did not prosecute, dirty politics reigned, and Cynthia Kemp wound up dead in an execution manner, her body mutilated with multiple gunshots, because all four of the responsibles agreed to take part.

    We need a DA who will take immediate and thorough action when informed of suspected illegal and or grossly unacceptable behavior by law enforcement, or among anyone else who might otherwise enjoy protection and immunity because of their political and or financial stature. Additionally, particularly in cases involving public servants, we need such cases publicized for two reasons: first, so the public will be informed and then be able to provide whatever information they have related to the investigation being conducted, and second, so that the public will be informed of the outcome of the case. The latter helps clear the investigated person(s) names (s) when no further action is to be taken, but it also alerts the public to further criminal and or civil actions to be taken. In cases where responsible person(s) are criminally convicted and or civilly held liable, public dissemination of this information is absolutely necessary because it serves as a deterrent for other public servants who are prone to violate the law. Politicians have taken significant steps in the last 25 plus years to conceal their dirty laundry from the public. This is wrong because the public has every right to be informed of the dirty laundry that emanates from government agencies. When I attended the police academy, which was 40 years ago, we were taught that law enforcement personnel stood on a pedestal. We were taught the reason for this was that if you fell of the pedestal, it was intended for you and your agency to suffer public humiliation, thus creating a strong example for other law enforcement personnel to solemnly and wholeheartedly abide by their Sworn Oath and the Law Enforcement Code of Ethics.

    I support O’Malley for DA because the cronyism and lack of professionalism in the DA’s Office is appalling and an insult to the public. Cronyism and corruption have been rampant in the DA’s Office, and throughout County and Local Departments, particularly in certain law enforcement agencies, for many years. If O’Malley is elected and ends this problem in the DA’s Office, other administrators in the County will be forced to do the same or risk the DA’s Office doing it for them.

    Although O’Malley’s broad experience base would be an asset to him serving as DA, his personality would be an equally important asset. He is open minded, and I don’t see this in Peterson. As a civilian, I’ve had the unfortunate experience of trying to get information regarding unsolved homicides investigated by the DA’s Office, and because this information indicated a probable investigative disregard of this information by a local police department, I was met with some of the most disrespectful, antagonistic and insulting behavior that I have ever encountered from a prosecutor. I won’t vote for Peterson when I believe that he probably would not have the courage to take on law enforcement when appropriate, or for that matter something deemed politically incorrect.

    Considering the obvious existence of “The Good Ole Boy Network”, O’Malley was a Deputy DA for 12 years, and Peterson has been a Deputy DA for 25 years, including promotion to Assistant DA, and significant supervisory responsibilities. What has Peterson been doing about “The Good Ole Boy Club” for the last 25 years? He hasn’t run for DA until now, and the problem is still there! O’Malley has significantly less exposure to the problem of cronyism in the DA’s Office then does Peterson, and therefore hasn’t yet had an opportunity to deal with it.

    Don’t assume that because O’Malley’s father, Bill O’Malley, was the DA during the previously described investigation of Pittsburg PD, that this should have a bearing on my support of O’Malley. Based on having later worked as a DA Inspector, I found that the DA Inspector responsible for the Pittsburg PD investigation was ethically corrupt, and therefore I can’t overlook the strong possibility that he distorted the truth on behalf of Pittsburg PD during his investigation. I know that he did so when I reported illegal conduct in the DA’s Office to him as a DA Inspector.

    The use of the term “cronyism” is sometimes a light hearted and cowardly way of saying corruption. Corruption has existed and been ignored in this County for many years, and the DA is responsible for putting a stop to it. My employment as an Inspector in the DA’s Office was ended by firing me in order to protect the cronyism and corruption that existed. I had reported to the Chief Inspector, who was also responsible for the DA’s investigation of Pittsburg PD, that a Senior Inspector had illegally seized a large amount of money while serving a search warrant, and then lied about the grounds for the seizure in his report. It made no difference that this incident, a crime, and serious civil rights violation, was witnessed by two Inspectors. It made no difference that I had worked at a good level of performance for 362 days of my year long probationary period, and may have been promoted to Senior Inspector in the next few days. It did make a difference that my actions jeopardized “The Good Ole Boy Network” and their interests, and I was therefore discharged within 24 hours of being interviewed by the Chief, with there being no legitimate investigation conducted.

    From the standpoint of expense to the taxpayers, it also made no a difference when the County paid $375,000 to settle my wrongful termination lawsuit, along with probably at least the same amount for their legal defense fees. Because I speak from experience regarding cronyism and corrupt politics in this County, I add that it also made no difference when the City of Pittsburg paid $675,000 to settle my wrongful termination against them, along with paying over a million dollars in legal fees. My point here is that cronyism and corrupt politics needlessly costs the taxpayers allot of money.

    I was diversified in law enforcement, and remain so as a private investigator, having been a criminal defense investigator in many cases, and also having investigated cases for the purpose of criminal prosecution in cases that were ignored by law enforcement. Don’t take the word “ignored” as a personal attack on law enforcement, because such ignorance, which is often based on dishonesty and or incompetence, exists in all legal professions, ie., among private investigators, law enforcement officers, defense attorneys, prosecuting attorneys, judges, in the White house, and even in God’s House. My point here is that there is no “Holier Than Thou” Profession.

    Peterson portrays a prosecutor who will be hard on crime, but Peterson is also a politician by his own professional choice. Prosecutors who throw everything on the wall and file charges for the sake of good publicity, are extremely costly to the taxpayers. An extremely important measure of a good DA is not in all the charges he files, but in the convictions obtained. The remarkable number of dismissals and not guilty verdicts in the County are evidence that the Prosecutors responsible for filing the charges in these cases had ulterior motivations for doing so. We should ethically not tolerate such conduct, and we definitely can’t continue to afford to have our taxes pay for such conduct.

    Dan O’Malley’s broad base of experience as a judge, prosecutor and private attorney makes him by far the most qualified candidate for DA.

    Thank you, Jack Harris

  • seeno’smom

    Jack – very eloquently stated.

  • http://none Jack Harris

    Thank you Mrs. Seeno. Jack Harris