Diskussion:Blue Mountain Wilderness Program
Below are hastily written Gj complaints that are connected to over a 1,000 pages of documentations and two-California False Claims Act suits that were hammered in court in 2006.
We are still seeking the investigation that the Calavears board of supervisor's stated in 2005 and 2006 that we would have.
This year we also asked that the FBI and US Attorney's investigate the failures of the grand jury's to investigate the wellbeing of state foster youth and a former state licensed facility.
With a new administration and the replacement of regional US Attorney's (McGregor Scott--Oct/08 announced his departure from California's Eastern District) and Russoniello---Northern District---a replacement has already been discussed in the Chronicle---will this hinder or enhance an investigation?
Original Message -----
From: Prof. Jake To: firstname.lastname@example.org ; email@example.com ; firstname.lastname@example.org ; email@example.com ; firstname.lastname@example.org Sent: Wednesday, July 23, 2008 10:33 AM Subject: Re: Grand Jury Complaint
July 23, 2008
Calaveras, Tuolumne, Merced, Yolo & Sacramento-
Please note that all California GJ's with the exception of Merced, to date, have been lawfully served, if the GJ's believe otherwise, please contact me immediately.
All USPS mailing confirmations, green postcards, after being signed by the GJ, were mailed to the US attorney's office.
We have specifically requested that the district attorney, county council and any superior court judge's in Yolo and Calaveras, refrain from contact with this independent state investigative body, as the allegations are against these individual's holding these elected or appointed positions and that these official's equally are not allowed to appoint the authorities to criminally investigate the allegations.
In Tuolumne county, former Superior Court Commissioner, Roscoe (Calaveras) now a Tuolumne county judge, is also cited in the complaint as either implicitly/explicitly, knowing or should have known (Judge Rosco) that Grant Barrett, a former judge pro tem took over Commissioner Roscoe's case with the intent of subverting the case, which Barrett, now a Commissioner in Calaveras, did, we alledge.
Know one should have to remind a California GJ (another allegation) of there legal requirement under state statues to acknowledge the complaint and state whether the GJ will investigate or not---and in these complaints, that acknowledgement, would be mailed to the US attorney's office in the Eastern and Northern Districts of California.
1) California Grand Jury-Calaveras Label/Receipt Number: 7007 0710 0003 9734 2174 Status: Delivered Your item was delivered at 1:05 PM on July 21, 2008 in SAN ANDREAS, CA 95249.
2) California Grand Jury-Merced Label/Receipt Number: 7007 0710 0003 9734 2167 Status: Notice Left We attempted to deliver your item at 9:48 AM on July 22, 2008 in MERCED, CA 95344 and a notice was left. It can be redelivered or picked up at the Post Office. If the item is unclaimed, it will be returned to the sender. Information, if available, is updated every evening. Please check again later.
3) California Grand Jury-Sacramento Label/Receipt Number: 7007 0710 0003 9734 2150 Status: Delivered Your item was delivered at 10:42 AM on July 21, 2008 in SACRAMENTO, CA 95814.
4) Calfornia Grand Jury-Yolo Label/Receipt Number: 7007 0710 0003 9734 2136 Status: Delivered Your item was delivered at 4:54 PM on July 22, 2008 in WOODLAND, CA 95695.
5) California Grand Jury-Tuolumne Label/Receipt Number: 7007 0710 0003 9734 2143 Status: Delivered Your item was delivered at 10:22 AM on July 21, 2008 in SONORA, CA 95370.
Original Message -----
From: Prof. Jake To: email@example.com ; firstname.lastname@example.org ; email@example.com ; firstname.lastname@example.org ; email@example.com Sent: Thursday, July 17, 2008 10:32 AM Subject: Grand Jury Complaint
Sacramento, Yolo, Tuolumne, Merced and Calaveras, California Grand Jury's,
Attached below and also via USPS, certified mail, and cc'd to the US attorney's office in the Northern and Eastern District's of California, we are asking that the 2008/09 Grand Jury's investigate the failure of the 2005/06 GJ's to investigate, and that a complete investigation be conducted addressing allegation's on behalf of state foster kids, a former state licnensed group home, and that no entity to date, has ever investigated a multitude of allegations.
GRAND JURY CITIZEN COMPLAINT
July 17, 2008
Calaveras County Grand Jury PO Box 1414 San Andreas, CA 95249
Yolo County Grand Jury PO Box 2142 Woodland, Ca. 95776-2142
Merced County Grand Jury PO Box 2034 Merced, CA 95334
Sacramento County Grand Jury 720 9th Street, Rm 611 Sacramento, CA 95814
Tuolumne County Grand Jury 41 West Yaney Street Sonora, CA 95370
1) This complaint is against:
Calaveras Board of Supervisor's 2005/06 Calaveras Probation Department Calaveras/California Grand Jury 2005/06, 2006/07, 2007/08 Calaveras Juvenile Justice Commission 2005 Calaveras Sheriff's Department Calaveras Human Resources Department California Superior Court, Calaveras County Calaveras District Attorney's Office Calaveras County Council Calaveras County Office of Education Calaveras County Board of Education Bret Harte Union School District Bret Harte Unified School District, and Governing Board Yolo County Board of Supervisor's 2005 Yolo County Council 2005, Steve Basha and Robyn Truitt Yolo County Juvenile Justice Commission 2005 Yolo County Probation Department California Superior Court, Yolo County Yolo/California Grand Jury, 2005/06 Merced County Office of Education Merced/California Grand Jury 2005/06 Tuolumne County Probation Department Tuolumne/California Grand Jury 2005/06 Sacramento County Probation Department Sacramento/California Grand Jury 2005/06 California Department of Social Services, Community Care Licensing California Attorney General, Jerry Brown
2) Agencies that were contacted prior to GJ complaints being filed.
Calaveras Board of Supervisor's Calaveras Sheriff's Department Calaveras Probation Department California Superior Court, Calaveras County Calaveras District Attorney's Office Calaveras County Council Calaveras County Office of Education Calaveras County Office of Education, Governing Board Bret Harte Union High School Bret Harte Unified School District and Governing Board Yolo County Board of Supervisor's Yolo County Council Yolo County District Attorney California Superior Court, Yolo County Yolo County Probation Department Yolo/California Grand Jury, 2005/06 Tuolumne County Probation Department Tuolumne/California Grand Jury 2005/06 Sacramento County Probation Department Sacramento/California Grand Jury 2005/06 Merced County Office of Education Merced/California Grand Jury 2005/06 FBI-Sacramento Office (in person) California Superior Court, Sacramento California State Attorney General, Public Inquiry Unit and Civil Division California Department of Education California Department of Social Services California State Bar California Judicial Commission Blue Ribbon Commission on Foster Care-Assoc. Justice, Carlos Moreno State Legislation's Committee on Foster Care Reform-Karen Bass US Attorney's Office in the Northern and Eastern District of California
These complaint issues are complex, overlap and interweave into 5-counties. We are asking that the grand jury's confirm receipt of the complaint(s) and indicate whether they will conduct an investigation or not and mail acknowledgement care-of the US attorney's office in San Francisco and Sacramento. I am not residing in the US at this time and we have already requested that the USA* assist with the investigation. All grand jury's cited were mailed complaint(s) filed in 2005 (and are again filed by reference) and the Yolo and Calaveras GJ's and the attorney general (civil division) also have extensive documentation in the form of a former lawsuit(s) filed that are now acting as a GJ complaint and are filed by reference (CV06-581 (Yolo) & (CV 32550) (Calaveras). The Yolo and Calaveras GJ's and superior court, district attorney and county council can supply this additional information on request.
Blue Mt. Wilderness Program, Inc. (BMWP) operated as a state licensed residential program serving state foster kids and a California charter school, and later a county community day school, from September 10, 2001 to July 25, 2005.
I am going to give a short overview of each complaint and I am available to testify under oath if given at least 21-days advance notice. My cell phone is (55) (48) 9167-7597; Skype: Jake.Wallace (Arnold): email: firstname.lastname@example.org. I also submit these issues under penalty of perjury and waive any confidentiality in these matters. It's virtually impossible to document each and every complaint in writing and maintain the chronology, with all the involved complaint information.
If any of the 5-California grand jury's in 2005/06 or the State Attorney General, would have investigated, the issues could easily have expanded to include additional allegations. We can only assume that the 5- California GJ's and the State Attorney General's decision to not investigate civil right's and other allegations and the wellbeing of state foster youth and a state licensed group home is either a vast coincidence of lack of legal judgment (California grand jury's are required by law to investigate detention facilities-which a state group home is) or California grand jury's and the State Attorney General consistently fail to protect the public interest when that interest may interfere with public official's interests.
Because we now allege conspiracy and collusion to cover-up a multitude of complaints filed on behalf of state foster youth and a state licensed group home, it would appear that with the ease that Yolo and Calaveras official's operated, that a pre-existing criminal apparatus jointly or separately operated, with regard to subverting our complaints and that the other California GJ's (Tuolumne, Sacramento and Merced) and there accompanying superior court, district attorney and county council, knew or should have know of this criminal apparatus or freely and willing participated in the cover-up or failed to execute their oath of office and California GJ statues, and that the GJ's inactions and non-compliance with the GJ statues, assisted in the cover-up these allegations, and the GJ's either knew or should have known.
3) What we seek.
That a joint state and federal grand jury investigate all allegations, that any official's that are found guilty be held accountable. That a trial actual take place, vs. plea bargaining, so the citizen's of California and other official's can see the legal process holding public and law enforcement official's to the identical legal standards as the general public and foster youth.
That the state and federal prosecutor's assure that case law is established to further protect foster youth, the public interest and clarify the true function of a California grand jury and relieve the grand jury of any relationship with any publicly elected/appointed official's, that currently participate on some level with the lawful functions of the GJ. That every grand jury establish an online electronic system for complaints to be filed. That the state auditor general operate under sunshine laws identical to the state of Arizona office of the auditor general. That GJ's be required to investigate state group home's every two-years..
We can not count on Chief Justice George, the judicial commission, superior courts, the Blue Ribbon Commission on Foster Care or Karen Bass, to implement the true reforms that the judicial system with regard to GJ's and the protection of state foster youth and the overall protection of the public interest, when that interest competes with political powers that are charged with investigating themselves. The appointment and election of judge's is a flawed U.S. system, compounded by these politician's oversight of this state judicial investigative body, this is an invitation for public corruption that must end.
That Blue Mt. Wilderness Program, Inc. be made whole again and be authorized and funded to serve our former foster youth and other's as a Transitional Housing Program (THP) and that civil penalties or other be assessed and paid to any affected foster youth, BMWP and Wallace, as approved by a state/federal judge or other.
1) That the Calaveras board of supervisors signed-off on a county host/support letter steeped in state and federal law and that the BOS, superior court, grand jury, district attorney, Sheriff's and probation department either never intended or were incapable of providing the lawful support that a successful state group home requires.
2) That the Calaveras BOS, along with the county council, juvenile justice commission, superior court, district attorney, Sheriff's department, and the probation department failed to investigate multiple civil rights allegations, other complaints, and appear to have also controlled the grand jury's (GJ) ability to investigate and function under the penal code(s), independently..
3) That the Calaveras BOS and county council stated in writing and in public meeting's that an independent investigator would investigate allegations of a ruse to eliminate a state foster youth from Honduras with the probation and Sheriff's department participating in the ruse, and that the chief probation officer (CPO), Don Meyer, was allowed to handpick the agency to investigate himself, that DPO Allan Sullivan and DPO Rich Manders and the Calaveras BOS, district attorney, superior court, juvenile justice commission, probation department, Sheriff's, knew or should have known.
4) That CPO Don Meyer enlisted an assistant chief probation officer (CPO) from Tuolumne county and that Meyer was allowed by the ACPO from Tuolumne to conduct the investigation as the ACPO from Tuolumne sat idly by and later, pretended to be unaware of the facts. When Blue Mt Wilderness Program (BMWP) administrator documented this issue over the phone and in writing the ACPO from Tuolumne Co. simple vanished from the investigation.
5) That the 2005/06 Tuolumne GJ failed to acknowledge the original complaint and that a second complaint was filed that noted this and that the GJ finally acknowledged the complaint, but failed to cite whether they would investigate or not-allegation, that the Tuolumne GJ violated their oath of office and the GJ's failure to investigate a county California law enforcement officer-complaint, which furthered the conspiracy to cover-up the allegations by Calaveras, Sacramento and Yolo county officials. That the complaint addressed civil rights and other issues on behalf of state foster youth.
6) That CPO Don Meyer, then enlisted Sacramento county probation, where CPO Meyer, had just left that agency after 20+ years of employment and that ACPO Susan Collins, a well known associate of CPO Meyer, accepted the investigation. BMWP administrator spoke on the phone with ACPO Collins who stated there was no conflict of interests, a letter was written demanding accountability, and the Sacramento probation department backed-out immediately without explanation.
7) That the Sacramento GJ received and acknowledged the complaint, but never indicated whether they would investigate or not (?)-allegation, that the GJ's failure to investigate a county California law enforcement complaint over civil rights allegations with regard to state foster youth was ignored, which furthered the conspiracy to cover-up the allegations by Calaveras, Tuolumne and Yolo county officials.
8) That CPO Meyer, with 56-counties left for an investigation, instead ,authorized a subordinate Calaveras deputy probation officer(DPO), Terri Hall, a California law enforcement officer, to conduct an investigation on himself and other senior staff. Allegation-that CPO Meyer and DPO Hall colluded and that DPO Hall falsified the investigation thereby participating in the conspiracy to cover-up the allegations with the knowledge of Calaveras officials and that DPO Allan Sullivan and Rich Manders, knew.
9) That the Yolo county BOS offered the CPO position to Don Meyer while in the midst of the flailing investigation in Calaveras. That the BMWP administrator fax detailed information to the county council, probation department and the BOS, that clearly indicated the investigation situation in Calaveras prior to Yolo's appointment of CPO Meyer. That the BOS and Yolo Human Resources hired an agency to screen all CPO applicants and that agency contacted and recorded a conversation with the BMWP administrator and refused the transmittance of documentation on CPO Meyer. That the Yolo BOS, county council, Steve Basha, human resources, superior court judge, Donna Petre, Acting Yolo CPO probation (unidentified) and the juvenile justice commission knowing hired CPO Don Meyer, that furthered the conspiracy to cover-up civil rights allegations and other complaints filed, hand-in-hand with Calaveras officials.
10) That the California superior court, Yolo county, Judge Donna Petre, who concurrently appointed CPO Meyer with the BOS, county council and juvenile justice commission, later assured that the Yolo 2005/06 GJ would not investigate by knowingly and falsely citing that the GJ will not investigate as the matter appears to have taken place prior to CPO Meyer's appointment. That county council, Steve Basha, now Judge Basha, knew of the cover-up and gambled to allow CPO Meyer to be hired, thereby, participating in the conspiracy.
11) That written accusations (GC 27641) against the Yolo county council were legally filed and that County Council, Robyn Truitt ,and the Yolo BOS refused to allow a public hearing (due process) on the allegations and participated in a private meeting, later declaring, that Steve Basha, as the former CC, now an appointed judge, performed the position in the public's interest, and that their acts furthered the subversion.
12) That written accusations (GC 27641) against Calaveras county council, Jim Jones and David Sirias were legally filed and that County Council, Janis Elliot, recommended twice that the State Attorney General should investigate the Yolo and Calaveras county council's, that the accusation included supervisor, Meritta Calloway (who refused to recues herself), that an investigation would have led to the Sheriff' department, where supervisor, Victoria Erickson, whose the Sheriff's niece, failed to recues herself and the supervisor's voted 3/2 to not have the AG investigate. Supervisor, Bill Claudine, a former Calaveras CHP officer for 30-years, along with Calloway and Erickson, knowingly voted to protect county officials, thereby participating in the conspiracy.
13) That prior to GC 27641, county council allegations, that the Calaveras BOS, superior court judge, John Martin, county council, juvenile justice commission (which was defunct), knowingly and concurrently, allowed CPO Meyer, to exit the Calaveras CPO position to Yolo, which was a promotion, when they knew the investigation had been corrupted, which furthered the conspiracy to cover-up civil rights allegations and other complaints.
14) That the Calaveras BOS and county council, failed to ensure an independent investigation (documented) and that the BMWP administrator, throughout the subversion-civil right's investigation process was communicating with the BOS and county council and being ignored. That the BOS, later, randomly stated that the issues must now go to the GJ, that the Calaveras GJ failed to acknowledge multiple complaints filed through July 2005-March 2006. That the BOS, superior court, district attorney and county officials knew that the GJ, was controlled through the superior court judge, John Martin and Douglas MeWhinney, the District Attorney, Jeff Tuttle, and county council, Jim Jones/David Sirias, who furthered the conspiracy to cover-up the allegations, hand-in-hand with Yolo county officials.
15) That the failure of the 2005/06 Calaveras GJ to acknowledge 10-separate USPS certified mailings (July 2005 to March 2006), totaling 1,000 pages of school, state, court, sheriff and other documents was unlawfully ignored, pressing Wallace to file lawsuit(s) under the California false claims act, wagering the Attorney General would intervene, that the lawsuits would never have been filed if the GJ had complied with the statues to acknowledge and state whether the GJ would investigate.
16) That both false claims suits were hammered by retired judges in Calaveras and Yolo county and that Wallace filed a motion to consolidate the two (CV06-0581 & CV 32550) FCA actions with the California Judicial Council under California Code of Procedure Section 404 et. seq. That a Sacramento judge squashed that attempt and after paying fees to the California Court of Appeals (Sacramento) Wallace was told that the hearing to consolidate the two-cases was unappealable. That that particular Sacramento Judge, identical to the judicial commission, two retired judges and a judge pro tem, that the California judicial commission fails to hold elected judges in California, accountable
17) That Calaveras superior court judge, John Martin, who concurrently with the BOS and county council, human resources and juvenile justice commission, knowingly authorized CPO Meyer, to exit the county for Yolo and knew of the investigation subversion. Judge John Martin, identical to Yolo Judge Donna Petre, District Attorney, Jeff Tuttle identical to Yolo District Attorney, Dave Henderson and County Council, Jim Jones identical to Yolo county council Steve Basha and Robyn Truitt ensured that 'their' GJ would not investigate, furthering the conspiracy to cover-up civil rights allegations and other complaints, by Yolo and Calaveras official's working hand-in-hand..
18) That the Calaveras and Yolo District Attorney (Jeff Tuttle and Dave Henderson) both used the office to further the cover-up the allegations as both offices failed to investigate as the DA and later in their role with the GJ That the Calaveras DA, Tuttle, was given hundreds of documents via employee, Karen Storm, and that the DA refused to meet with us or act on the complaint, furthering the subversion.
19) That the Calaveras GJ (2005/06-2006/07-2007/08) failed to investigate or lawfully acknowledge over a 1,000 pages of school, court, state and other documents regarding state foster youth, lawfully filed.
20) That the Calaveras probation and Sheriff's department participated in the cover-up and failed to investigate anything. That the Calaveras Sheriff's department failed to complete any investigations requested by BMWP, with documentation stating they would investigate.
21) That the former administrator called and spoke with former BMWP childcare worker, Greg Plett, via the internet and residing in Anchorage, Alaska, in early 2006, and Plett stated that Sergeant Bonnie Mathews', never contacted Plett. after SO Mathews' stated the SO was investigating the civil right's allegations with a Honduras foster youth, that Mathews went on a vacation to New Zealand and then retired, and the SO refused to discuss the investigation. That Greg Plett, stated that he had arranged with county officials, the removal of the foster youth, Plett, stated that his kind don't belong in the county, to BMWP's, therapist, Susan Zago, which was documented and ignored. That the Sheriff's failure to investigate replicates the probation and grand jury's failure to investigate, in Calaveras, Sacramento, Tuolumne and Yolo county's.
22) That the Calaveras Bret Harte Unified SD (BHUSD), County Office of Education (CCOE), there governing boards and the Superior Court, tampered with a superior court case over special education, work permits, access to a public school under assembly bill 490, after covering up 34-uniform complaint procedures, under state education code, CCOE and BHUSD and that both independently elected governing board's colluded with the county office and school district. That CCOE superintendent, John Brophy and BHUSD superintendent, Joe Wilimik, used public funds to attempt to have the court case squashed and submitted, knowingly, under penalty of perjury false and misleading information. CCOE Brophy stated that the administrator had no legal standing to pursue the court case with the minor, even though approval from the minor's social worker, legal guardian (grandmother) and parent, existed. That CCOE Brophy, stated that an "independent investigator" from Merced county office of education who was handpicked by CCOE Brophy concluded that the allegations were baseless. That the 'investigator' refused to meet with the foster youth and staff and that Brophy had dinner with the investigator after a 2-day investigation, and that the investigation was a 'whitewash' covering 12-months of issues. That Brophy stated that BMWP withdrew the complaints, was also false and misleading.
23) That CCOE, John Brophy, teacher, Erin Hudson, and CCOE, Frank Orlando, illegally removed a state foster youth (JG) from the community day school with no school work assignment nor provided an educational option, in clear violation of the law. That CCOE Brophy wanted that foster youth JG, removed from the program as an example. JG was a very intelligent and troubled youth and these 'examples' don't work. As a result of tampering with JG's treatment, which was successful just in the fact that JG had been in the program for so long. GJ, repeatedly escaped from a locked facility in Humboldt county, prior. As a result of Brophy's interference, JG, was removed from the program at the utter loss of his parents and JG's hopes. JG, later, entered a Humboldt bank stating that he had a bomb strapped on (which was apparently untrue) and robbed the bank and later turned himself-in, thereby further institutionalizing himself. Allegation: That knowingly, Brophy interfered with the minor's education and treatment, facilitated the removal of the youth, later, resulting in that youth's longterm incarceration. We want JG back in our THP program, we are all resonsibile to care and protect foster youth, even from themselves, when possible. That the Merced county of office of education, psychologist, David Fossum, enlisted by CCOE Brophy as the 'independent investigate' with 27- uniform complaint procedures filed, failed to conduct the investigation of which the Merced/Calaveras GJ also failed to investigate. That the Merced county superitendent, Lee Anderson, was aware via fax, emails and phone calls and participated in the subversion.
24) That the California superior court, case calendar was altered after being assured that Commissioner Roscoe would hear the case, and that judge pro tem, Grant Barrett, presided over the case. That the minor's legal guardian, grandmother and a parent and sibling were in court when Grant Barrett. after stating that the case was complex, removed the BMWP administrator as the responsible adult, then placed the minor's African American grandmother, as the responsible adult on the case, and then the court refused any documentation to be given to the court and recklessly allowed the minor to defend himself and found the minor responsible citing a 'driving a car' scenario explanation. That BHUSD superintendent, Wilimk, was in the company of a Lozano Smith attorney and a private investigator that Wilimuk later refused to identify. That the attorney, whom the administrator approached prior to the case starting and who was later identified, by her picture on the Lozano Smith website, in later emails, denies being in the court room with Wilimuk that day. That CCOE Brophy, subpoenaed a plethora of unrelated documents, as another tool to interfere with the legal process and harass the plaintiff's and that the court refused the exchange of any documents between the parties. That a complaint on Grant Barrett, to Judge John Martin, was quickly dismissed as the court has the right to do whatever the court wants too. That the GJ refused to investigate, that the judicial commission approved of Judge John Martin's judicial conduct.
25) That CCOE Brophy and BHUSD Wilmuk, or someone they knew, altered the court calendar along with Judge John Martin to subvert the court case; we cite "Moser V. Bret Harte" Jan. 2005 and federal judge, Wagner's, scathing 87-page report on the misconduct of BHUSD and their council, Lozano Smith, for 'placing education law on it's head' and 'intentionally distorting the facts." This publicly registered case is a glaring example of how the CCOE/BHUSD violate the law and that the GJ never investigated this $500,000 case that could have been settled 7-years earlier for $8,000. That if they can manipulate a federal case, with ease, they could effortlessly do so in the local superior court. Bret Harte pleaded ignorance.
24) That judge pro tem, Grant Barrett's. conduct is held only to presiding judge John Martin and that the California state bar and judicial commission both stated that the other entity was responsible for a judge pro tem (as documented) and that Barrett's conduct was not accountable beyond Judge Martin and that is why Barrett was replaced with Commissioner Roscoe, that Judge John Martin, judge pro tem,Barrett, Commissioner Roscoe, Brophy and Wilimik colluded to violate the minor's civil right's in the superior court. That the uniform complaint procedure process was corrupted, they failed to have the court squash the case under penalty of perjury and in order for the subversion to continue they tampered with a superior court case and the GJ ignored it, under Judge Martin, DA Tuttle and County Council, Jim Jones.
26) That the Merced county office of education superintendent, Lee Anderson and the CCOE Merced investigator, a state licensed psychologist, David Fossum, failed to heed any advice during and after the investigation , which was knowingly corrupted and Anderson/Fossum participated in the conspiracy to cover-up a litany of allegations that included civil right's in Calaveras county. That Brophy, Fossum and Andersen, wouldn't have subverted the investigation if they did not previously know, that all avenues to re-address the complaints were non-existent. They we correct, as the Calaverasdistrict attorney, GJ and the Merced GJ failed to investigate, and violated GJ statues.
27) That the Merced GJ 2005/06, accepted the complaint and failed to acknowledge per the statues, which furthered the cover-up of the allegations. The MCOE/CCOE complaints were connected to law enforcement complaints, that were connected to the BOS, that were connected to the superior court case and the Calaveras GJ that also failed to investigate. That the Merced GJ knew or should have know ,as an investigative body, that they were co-conspirator's ,and that one act leads to the next and the next.
28) That the Calaveras CCOE and BHUSD refused admittance of any BMWP foster kids into a small necessary school, alternative education and a comprehensive high school, violating the minor's civil right's, their educational rights (AB 490), and corrupted all attempts at due process.
29) That the Bret Harte Union District, operated two small necessary school's, Copper Cove and the Arnold High School at an accelerated funding for remotely located necessary school's at $350,000 per year per school. That the average daily attendance was 4-8 students per school, costing the tax-papers between $40,000 to $90,000 per pupil per academic year. That the Arnold HS was on the bus route of other school's and that both schools were operated on less that $100,000 each per year and that the schools were a scheme to enrich the district and defraud the tax-payer's. That the GJ consistently failed to investigate these allegations. That superintendent, Wilimuk, refused to hand-over school audit information, as documented, and that the school's were shortly thereafter closed.
30) That the Calaveras probation department and the Rites of Passage (state licensed group home), Fricot City, knowingly placed Calaveras state foster youth in a California Youth Authority, type treatment facility ,with urban gang member's and that the probation (county) did not pay for these placements costs at $5,000+ per month and that they had a sweetheart deal that the county (grand jury, sheriff's, DA) would ignore any happenings at the state group home for free placement or similar. That if this deal existed ,it violated the civil right's of not only many Calaveras's foster youth and the foster youth placed in the facility, but knowingly involved the Calaveras superior court that makes final placement decisions and the probation department's placement assessment process which would have been illegal and unethical. That the Calavears GJ failed to investigate the allegations and when the administrator directly asked CPO Meyer and 2 probation supervisor's of this, one vehemently denied it ,as the other's remained quiet, but their body language told another story.
31) That the Right of Passage, operating in California (Calaveras county), Nevada and Colorado, have colluded with the El Dorado county office of education, Vicki Barber and other's. The BMWP administrator when researching charter school's and group homes' stumbled across information that ECOE, superintendent, Vicki Barber, was not providing any special education services to state foster youth and other's. That Barber is a former SELPA director (special education local plannning area) and that Barber's husband is a special education attorney in L.A. That Barber was on a special committee with former state superintendent, Delaine Eastin, and that the administrator had to submit the complaint to the California Department of Education, three times over six weeks and that the CDOE failed to further investigate (http://forums.mymotherlode.com/showthread.php?t=758). County office's recieve almost twice as much funding for a charter school serving state foster youth due to the associated costs involved. Barber and Right of Passage colluded to defraud state foster youth and that they are somehow also operating a California charter school in Neveda, where limited to no special education assessments (IEP's)and no special education is taking place and that the school's are operated for profit only ,and that the ECOE rolls back at least 80% of the funding to their coffers or other. The money from just the Calaveras school would be close to a million dollars each year at almost $9,000 ADA x 90+ foster youth. ECOE, Barber, lawyered-up and refused to publicly disclose the school's financial audit. Allegation, that the ECOE and Rite of Passage are not providing lawful services to foster youth, intentionally, and operate for their own personal or other profit, fleecing the tax-payers. That the Calaveras GJ failed to investigate and that Calaveras county probation likely had a sweetheart deal of free placemenst for assurance that no investigations would take place, and no investigation has taken place.
32) That the Calaveras grand jury through the past 25-years has failed to operate under the penal code. That the GJ failed to investigate the county building department, criminally, allegations that the building department has been knowingly operating outside of established building code(s) for the past 20-years, which resulted in 1,000's of substandard, sewage systems, foundations, electrical wiring, plumbing, insulation and other. That former building department inspector, Steve Webber, in 2007 apparently committed suicide after publicly revealing and documenting over 10-years of illegal build activity in the county. That as an LA building inspector, Steve Webber, was awarded for finding the most illegal builds in the department. That Steve Webber ,employed the identical tactic by following cement and building material loads to build sites and also documented falsified/altered blue prints, inspection reports and other. That Webber's documents would show that Calaveras officials knew or should have know and that the district attorney, superior court, BOS and GJ consistently failed to investigate and function under the penal code, thereby protecting the BOS as the employer and county council; and failed to protect the public interest.
33) That in 1988, a women who wrote Judge Douglas MeWhinney, with a sexual harassment allegation complaint, that it took the alleged victim 5-years of asking for an investigation on an elected court official, Judge MeWhinney, knew of and ignored the allegations, the court official also slept in MeWhinney's court room, frequently. MeWhinney was appointed by the BOS for the DA position in 1980, at the age of 28, MeWhinney, is also a Calaveras highschool graduate. That the GJ indicted in 1993, but that the DA never prosecuted, another example of the county's historic inability to police itself and rare moment when the GJ used their penal code authority.
34) That the Calaveras BHUSD governing board, in 2006, knowingly, intentionally and falsely, altered records by giving the superintendent a glowing job performance and job recommendation of superintendent, Joe Wilimk, to the Gustine Unified School District, that hired Wilimk and disposed of Wilimik 18-months later. Violated their oath of office and wasted the tax-payer's money and GUSD's time/money.
35) That Sheriff Dennis Downum, advanced his niece's, Victoria Erickson's, supervisor campaign, in 2002, by failing to inform the voters of their kinship and allowing the Valley Springs Sheriff's substation to handout campaign flyer's on Erickson's behalf. This originated from now supervisor, Russ Thomas, and is revealed in email's between Thomas, Downum and Wallace. That Erickson later repaid the political favor by voting to ensure that the Attorney General would not investigate the SO and other county officials in a written accusation GC 27641 against the county council in 2005, which was a conflict of interest and/or a conscious act to subvert the complaints, at best.
35) That Wallace, when campaigning for supervisor in 2006, which was nothing more than a platform to force the county to investigate the allegations, that Wallace publicly pursued Sheriff Downum that resulted in 3- men independently telling candidate Wallace that his life was in danger for verbally questioning the Sheriff. One of the men, Dick Underhill, who is the husband of an elected county official, Bertha Underhill, Calaveras County Water District, should be able to confirm this. That Wallace shortly left the county for South America, for his safety and other personal reasons.
36) That in 2005/06 Wallace and BMWP filed with the superior court a brief, that the superior court had failed to assess Anthony Mann's, vehicular manslaughter allegations and other prior records. That the Sheriff's, probation and superior court had numerous opportunities to intervene in the minor's and families problems that included pornography, alcohol, other drugs, supplying minor's with alcohol and simultaneously allowing the minor to drive without a license, habitually. That the responsible adult was ignored and the tragedy was preventable and predictable and that holding a minor as an adult was a violation of his civil rights. That Judge John Martin, sat-in on the preliminary hearings and later passed the reigns to a retired judge, but Martin later resurfaced to squash the brief on behalf of the court and the minor. That the court unduly incarcerated the minor, failed to obtain forensic evidence that likely would have showed that Anthony Linbaugh ( an old timber family as in 'Linbaugh Park, Arnold, Ca) was likely the driver and that Mann as an outsider and half Filipino with no functional family nor family in the county was left out to dry. Allegation-that the court, Sheriff's , public defender and probation department failed to protect the public interest and family (s) (who last two sons), enact Welfare and Institution codes, intervene, violated the law, and the GJ failed to investigate.
37) That in 2005/06 (?) a foster youth molestation case, against a man with family or social ties to Judge John Martin, that the case was mishandled and that the youth were infact likely molested by the man and that the court dragged the case on for 3-years and later ensured that the foster youth were cast as deviants and that the man's sexual preference was hidden, witness testimony and the facts were overlooked due to connections with county officials. (when you work at one state facility you learn first hand about other's) There is a staff member that can cast more light on this allegation.
38) That the California Superior Court, Yolo County, altered the court calendar on the spot, that a sitting elected judge removed Wallace from the court room while addressing the false claims act suit and that Wallace was sent to an annex court room where a retired judge, Haugner, was used an instrument to defeat the case. That the court knowingly used a retired judge that is not accountable to the public to do their dirty work. That the elected sitting judge (unidentified) knowingly skirted the case as a political favor for Judge Donna Petre, Judge Steve Basha and other Yolo officials. That judge Haugner, did the deed and killed the suit, in violation of the law and that Haugner's and the unidentified judge's action furthered the subversion of the allegations.
39) That the administrator and BMWP through the Attorney's Generals "Public Inquiry" unit asked twice for an intervention and investigation, and that the AG refused. In addition, twice, the AG failed to intervene in the false claims suits and also failed to have the suits with the criminal division in Sacramento. as well as the civil division in San Francisco. The false claims act (FCA) has parallel criminal and civil functions. That as a tax-payer, the AG had a Harvard trained attorney who was instructed to sit on his hands. That the AG was already on the cusp of an investigation recommended twice by the Calaveras county council to also investigate the Yolo county council, that was subverted. That the AG under Bill Lockyer, successfully used the FCA to prosecute state licensed elder care facilities that operate under identical Title 22 and other state laws, and that Jerry Brown failed to act. That Jerry Brown and Ann Gust, were also lobbied through mail correspondence to intervene and never acted. That assistant attorney general, Peter Smith, also a former Calaveras district attorney, was lobbied, that Wallace showed up at Smith's office, left documents and asked for an investigation, and nothing happened. Former DA Peter Smith, some believe, was forced out of the DA's position in the middle of his second term by Calaveras officials, due to attempting to prosecute locals, Smith would have first hand knowledge on how Calaveras operates, which could bode either way.
40) That the State Department of Social Services, Community Care Licensing (CCL) ignored legally required reports filed by the administrator addressing issues under Title 22 and other state/federal laws, by failing to intervene, investigate or report to the appropriate authorities, the administrator's reporting's and findings. As a result, civil and school right's allegations, as described were ignored at the peril of state foster youth, the program and the law. The administrator was constantly reported to CCL, who investigated 8-pages of unanimous complaints filed against the administrator in May 2005. Allegations of drug use, abandoning a minor on a high school campus, smoked marijuana and did meth in front of the foster youth in Death Valley that winter, sent the CCOE a profane email, didn't feed the youth breakfast, etc. As a state investigative unit, CCL knew that BMWP was being harassed and that CCL failed to comply with Title 22 and other state/federal laws and are as responsible as the other's for failure to protect the public interest. In September, the former administrator's last conversation with CCL supervisor, Janet Dypuzk and Analyst, Maria Martinez, as these issues were discussed the CCL supervisor minimized and reduced the legal issues with county/state officials as a 'personality conflict." Allegation; that DSS, CCL, violated their own and federal laws. By reference, we submit all documentation sent to CCL, all complaints filed and the BMWP's reported history from 2001-2005
41) That the basis of these CCL complaints may have been CCOE, John Brophy, who secretly meet with a number of BMWP staff and during this period, CCL complaints and other issues expanded. Several unexplainable events took place. A supervisor at BMWP filed a 36-typed page diary of a sexual harassment suit against the administrator, the employee, from the second week of employment to the eighth month kept a private journal. An investigation revealed possible bad management, but no sexual harassment, that employee was offered to return but only would if the administrator was fired. During these 2.5 months, that supervisor's husband was the residential charter school's teacher, who abruptly, and without discussion or warning relocated the school off-campus with the consent of CCOE, John Brophy, 21-miles away. That the teacher, a West Park School (Fresno), employee refused to teach at the facility citing that his car tires may be slashed, it was an unsafe work environment. and that his family was endangered (no history of such at BMWP). Brophy and the teacher, along with the BMWP supervisor and other staff may have acted in unison and attempted to unlawfully remove the administrator. Allegation; that Brophy subvertly 'worked' with BMWP staff to undermine the administrator, knowing harassed BMWP through the CCL complaint process, undermined the state program and assured that the GJ would never investigate.
42) That a staff member that CCOE, Brophy, secretly worked with, weekly stole food ,with the youth helping her to pack the car, for exchange of unlimited phone calls, video and TV , and no bedtimes, (violation of house rules) that the employee also slept all night as part of the agreement. That the employee, covered-up the fact that many youth came back from the 2005 county fair, intoxicated, high and using tobacco products. That another employee (former Amador Co. jail worker and MSW-Joanie) allowed the youth to do the above, several youth working at the fair walked-off their jobs once word travelled that "Joanie" said we could smoke and party. This would be described as child abuse and the person is a licensed, MSW. In an earlier incident, Joanie, supervising three youth on a weekend work detail (punishment), alone, gave the three youth money to buy cigarettes and allowed the youth to walk unsupervised in a rural cabin community to the general store for 1-hour on a major holiday weekend (violation of state/program laws/rules). The youth while at the store were denied the cigarettes as pre-arranged with the store's owner's and our program. The three youth then decided to steal a bottle of wine and run out of the store, two retired police officer's sitting at the bar gave chase, the youth abandoned the bottle and returned. In the meantime, the Sheriff's department received over a dozen phone calls that these "youth of color" were running amok on our wonder bread mountain streets, so, the Sheriff's call BMWP and ask Joanie if any of our youth are missing, where upon, Joanie then reports the youth as runaway's. The deputy stated that he would charge her for filing a false police report, which he never did, Joanie always said that Sheriff Downum was her friend. Joanie's former Amador county jail supervisor was also the current Calaveras chief probation officer. The youth and staff covered it up, but within a week or so the details surfaced.
43) That Blue Mt Wilderness Program, Inc. the administrator, staff, reports, annual audits, board minutes and other be equally investigated to ensure that facts are correct and that BMWP was operating a complaint state licensed program; that the former administrator be held to the same legal standard and scrutiny as the litany of officials cited in this 19-page complaint and other available documentation, if warranted.
Due to technical difficulties I am unable to ad an electronic or other signature.
________________________ Jake Wallace
1) McGregor W. Scott, USA*
United States Attorney's Office 501 I Street, Suite 10-100 Sacramento, CA 95814
2) Joseph P. Russoniello, USA*
United States Attorney's Office
450 Golden Gate Avenue, Box 36055
San Francisco, CA 94102
Culture of Threats in Calaveras County Schools
Below is an email from County Schools Superintendent, John Brophy.
What's interesting about this is that we asked two teachers in a span of 8-months to address a foster youths individual education plan and the county office of education failed to act. This was not a rumor, I point blank told the teacher that I would file on the minor's behalf. Merced County office of Education conducted an investigation where the failure to address special education was included. Superintendent Brophy, *** Supe Frank Orland, COE instructor Erin Hudson, all failed to take any responsibility and appeared to subvert the issues. Thus the Merced investigation found no wrong doing while the California Department of Education, Special Education Unit, found numerous substantiated violations.
Email to BMWP Board member: I have heard rumors that Jake may be preparing a complaint over special ed services. This would be reminiscent of the action he took against El Dorado COE a couple of years ago. I hope you can keep him under control because I can assure you that such a filing would have serious consequences for both of us and would escalate the situation to a level that would not be helpful for either of our programs. I have been contacted by the CTA union representative and they are very interested in the situation at Camp Connell and will look seriously at the group home's part in Erin's working conditions. I believe we can find a reasonable solution to the situation as long as you and your board and I keep in contact.
Hope to hear from you soon. John
[John Brophy] -----Original Message----- From: rick  Sent: Monday, December 20, 2004 8:40 AM
Please see below the article about the El Dorado Office of Education (as cited by Calaveras County Office of Education, Superintendent, John Brophy) and a 1994/95 Grand Jury (final) report on our schools,and Brophy's comments to the 2001/02 Grand Jury:
Please note that in 2000 county superintendent, Bob Bach, handed John Brophy the elected position as a personal/political favor, Bach was neither ill nor relocated and has surfaced as late as 2006 as an interim supe at Bret Harte, Brophy in 2002 ran as an appointed incumbent and won. This is how the criminal enterprise has been maintained, Brophy is manipulatice, deceitful and consistently failed to provide honest services.
October 2001 By JO RAFFERTY Staff writer
Special Education found out of compliance
An out-of-town man discovered completely by accident what he thought were some systemic problems with an El Dorado County Office of Education charter school located in Nevada. Now these allegations have been proven, and the EDC Office of Education says it is doing what's required to remedy them. Jacob Wallace, of Camp Connell, was looking into setting up his own residential licensed group home, the Blue Mountain Wilderness Program, Inc., which has since been established in Camp Connell, and decided to investigate into the way other similar schools are run. He checked out the Rite of Passage Charter School, a residential program for "at-risk" boys, with two sites, one in Fricot City and a remote training camp and athletic training camp in Nevada. "None of the special ed was in compliance," said Wallace. "Essentially there was no special ed going on." Wallace said he had to turn in the complaint three times, and it took the Special Education Department of the California Department of Education over six weeks to accept the complaint. The El Dorado County Office of Education said it was not aware of the problems, but will take care of them. "We're working through the corrective action plan with the state," said Vicki Barber, superintendent of the El Dorado County Office of Education, who said she had offered to meet with Wallace on several occasions, but he had declined. "He brought to our attention a special education problem we were unaware of. We concur and appreciate the areas pointed out to us," she said. Allegation One, according to the compliance report provided by the California Department of Education, reads: "Failure to meet the legal requirements of the Individualized Education Program for students who are residents of El Dorado County Office of Education and attending a charter school high school in California and in Nevada." The DOE found that at the California facility the IEP "did not include present levels of performance, measurable annual goals that included benchmarks, specific special education instruction, related services, supplementary aids and services and an explanation of the extent to which the pupil will not participate in regular classes." Some highlights of the findings of noncompliance in attending to one student's (Student No. 1's) special education needs included in the compliance report are as follows: Student No. 1, a 17-year-old, as indicated in a psychologist's report on Oct. 24, 2000, "has been in special education classes since elementary school." And on April 15, 2001 it was determined Student No. 1's difficulties with learning were "organically related," according to the report, and the student was to be tested to determine what percentage was apportioned to learning disability and/or "severely hearing impaired." Yet, on the last page of the April 15, 2001 IEP, it stated "that the student will be mainstreamed in general education 100 percent of the day and that RSP (Special Education Resource Specialist Program) services will be 'consultation.' " The IEP of May 24, 2001 for Student No. 1, according to the compliance report, "(the) 'Statement of Needed Transition Services' does not contain the required coordinated set of activities to promote movement from school to postschool activities that includes the name of the participating agency, other than the local education agency nor does it identify alternative strategies to meet the transition service needs set out in the program." Interviews with staff at the school revealed, according to the report, that after investigation into one student's goals and objectives as listed on the IEP, "(they) were based on the student's grade placement not on the student's individualized needs." In addition, when looking at and interviewing Student No. 1, staff reported that parents were normally not notified of the student's progress.
"Most of the time we don't hear from the parent," a staff member said. "We usually can't get in touch with the parents." At the end of Student No. 1's report, it further stated, "All of Student No. 1's teachers interviewed indicated that they were not aware of the content of the student's IEP. They acknowledged that a brief conversation transpired with the RSP teacher regarding a hearing and vision problem and the possibility of Student No. 1 requiring preferential seating and extended time. The teachers further stated that they give all students in the class the same attention." In all, there were nine students who were evaluated by the California Department of Education. In all nine cases there was no evidence that the students received any special education services while attending the California site of the charter school. Similar findings were found at the Nevada site. "A review of students' files at both ROPCHS facilities revealed no evidence that indicates whether requested student information was completed or sent out," stated the report. Both sites "failed to identify, locate, and assess individuals with exceptional needs," it said. Required corrective actions at the Nevada site include: hiring a resource specialist teacher "who will be responsible for developing and implementing all IEPs ... maintaining records, completing new referrals, providing necessary in-service training to general education staff and generally coordinating special education activities on the campus; the COE must "provide administrative support from the Executive Director of Special Education, and/or administrative designee to the Nevada facility resource specialist teacher and site principal on-site at least quarterly, and a minimum of two times per month via teleconference and the COE must contract with a school psychologist to provide necessary assessment for exceptional needs. The California facility is required to make similar changes, and both sites are "required to provide evidence that all currently active IEPs have been reevaluated, new assessments completed for those students who did not receive appropriate assessments and an IEP team meeting convened to address the needs of the students as a result of the new assessments. "The COE has agreed to enhance its special education services to students with exceptional needs by providing a full-time instructional assistant at the Nevada facility to provide support to the resource specialist." The COE now has 90 days to "submit evidence" that it has addressed all of the issues of noncompliance, according to the report. "We're in the process of finalizing the corrective action plan with the Department of Education," said Barber. "It's not gone before the board yet." The EDC Office of Education has already changed staff, taken actions required and will continue to monitor that program for compliance, according to Barber. "We are in dialog with Delaine Eastin's (state superintendent of public instruction's) office as to whether or not our proposals (corrective measures) are accepted." Currently, the Office of Education is proposing to use a "different methodology," and is waiting to see if it is sufficient to satisfy the California Department of Education's requests. "We are certainly interested in complying," said Barber. Wallace has now asked for investigation by the California Department of Education into all El Dorado County special education schools located within and outside of El Dorado County.
Jo Rafferty can be e-mailed at email@example.com
(our local rag the esteemed Calaveras Enterprise; "serving local government since 1854" would never report such important issues)