From: Toussaint LeToure <nowtruth1@gmail.com>
Date: Sat, Jul 24, 2010 at 1:14 AM
Subject: [toxicstew] Oscar Grant 's Mother Speaks for 1st Time,Response from Grant Attorney,Meyers Nave-City Atty Jayne Williams Corruption Complaint
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July 23, 2010, Oakland, CA:
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Oscar Grant 's Mother Speaks for 1st Time Ever!
The Program will air live over the internet on http://www.kpfa.org/ and KPFA 94.1 FM; KPFB 89.3 FM; KFCF- Fresno, CA- 88.1 FM; KCSB - Santa Barbara, CA - 91.9 FM; KDRT-LP - Davis, CA - 101.5 FM; KDVS - Davis, CA - 90.3 FM; KHSU in Arcata, CA- 90.5 FM; KIDE - Hoopa, CA - 91.3 FM; KMUD - Redway, CA - 88.3 & 91.1 FM; KMEC-LP - Ukiah, CA - 105.1 FM; KNFS-LP - Tulare, CA - 98.1 FM; KUSP - Santa Cruz, CA - 88.9 FM; KVMR - Nevada City, CA - 89.5 &105.1 FM; KZFR - Chico, CA - 90.1 FM
Jayne Williams is the managing principal of Meyers Nave and the current City Attorney for the City of San Leandro. While at Meyers Nave, Jayne has served as City Attorney to the City of Suisun City and as Interim City Attorney for the Cities of Stockton and Merced.
By their own testament, "Meyers Nave routinely represents public agencies in high profile internal investigations such as the one for San Jose Evergreen Community College District as an independent investigation into the allegations of financial and administrative improprieties by Chancellor Rosa Perez and the investigation conducted by attorneys Jayne Williams and Kimberly Colwell on behalf of BART into the actions of all the officers present during the New Year's Day shooting death of Oscar Grant."
The formal complaints establishing Managing Principal Partner of the law firm Meyers Nave, Former Oakland and current San Leandro City Attorney Jayne Williams and the Parties named have committed CORRUPTION, COLLUSION, CONSPIRACY, EXTRINSIC FRAUD, FRAUD UPON THE STATE, SUBORNATION AND SOLICITATION OF PERJURIOUS TESTIMONY, PROVIDING LITIGATION CASE FILES AND EVIDENCE TO DEFENDANTS, SPOLIATION OF EVIDENCE, FABRICATING EVIDENCE AND PLANTING FABRICATED EVIDENCE IN LITIGATION CASE FILES , ATTEMPTING TO DECEIVE THE PUBLIC IN SUPPORT OF DEFENDANTS LITIGATION THEORY, CALUMNY DECEIT by giving the case files to defendant Stephan Barber and others of the law firm Ropers, Majeski, and Ronald J. Cook, Randy Willoughby, Alex Stuart, Bradley Bening and others of the law firm Willoughby, Stuart & Bening for nearly a year; then clearly constructed fraudulent fabricated evidence in 1999 and planted that evidence favorable to the defendants in the files SIX years AFTER the case was closed; engaged in spoliation of remaining evidence in the court files from 1991; and fostered witness testimony based on this planted evidence in the al-Hakim v CSAA and the underlying Rescue Rooter case that was created thru EXTRINSIC FRAUD with accompanying testimony procured thru admitted suborned and solicited perjurious acts by John Russo and others, they engaged in actions to destroy the litigation of al-Hakim's legal case; they engaged in actions to coverup their unlawful acts; they committed, aided and abetted this criminal activity with this unpardonable breach in the chain of custody of the court files to accommodate the defendants litigation strategy in both the CSAA and the underlying Rescue Rooter case. They have committed criminal violations of the Civil Code, Business and Professions Code, the Rules of Professional Conduct, and the California Cannons strikes at the heart of al-Hakim's fundamental civil and human rights, and the right to due process under the law guaranteed by the United States Constitution Amendments and the California Constitution. These actions qualify as a Hate Crime under the Unruh Rights Act, the Ralph Civil Rights Act and the Bane Act, while they are clear crimes of religious bigotry and intolerance, as such, this conduct rose to the level of consideration for a Federal Crime and a Civil Rights violation because the City Attorney's Office operates "under the color of law" and certainly the violation of anyone's civil rights is a federal crime. This deprivation of al-Hakim's civil, human and due process rights by the law enforcement body of the City Attorneys' office of Oakland "rise to the level of criminal activity and misconduct" by local and federal law enforcement officials. These criminal actions by Russo and his staff demand they be issued court ordered subpoena to testify. You can read and/or download the Complaint and the exhibits here if you choose or go to the website for complete coverage here http://nowtruth.org/city-attorneys-russo-williams-complaint-for-corruption-extrinsic-fraud-ethics/
In August 1, 2007 al-Hakim had the court issuance of trial subpoenas served on Retired Judges Lee, Michael Ballachey, and Richard Hodge, John Russo, Janie Wong and Anita Hong to submit to trial testimony beginning September 7, 2007 regarding the handling of the City file. (See Exhibit C here is a complete copy of the Russo Williams Complaint with Exhibits) Demetruis Shelton, current President of the National Bar Association and City Attorney employee left a voicemail message for al-Hakim acknowledging that Russo had in fact received the Trial Subpoenas!
Demetruis Shelton, current President of the National Bar Association and City Attorney employee's Voicemail "Russo Received Trial Subpoenas!!!"
http://www.box.net/shared/88g62hzaky
The requested depositions and investigation concerns trial Judge David C. Lee's allowance of the illegal product of fabricated and planted evidence, spoliated evidence and unclean hands by defendant/hostile intervener AAA Insurance; Cook and Willoughby, Stuart & Bening; defense counsel Steve Barber and the law firm of Ropers Majeski; the other underlying defendants; and the Oakland City Attorney's Office run by John Russo to be admitted as evidence, subjected to testimony, and fostered it's use to prejudice the jury. During the trial, testimony revealed that there were numerous documents and photos of a very damning nature to the defense and AAA as the hostile intervener, that were missing, altered, or incomplete. Retired Judges Lee, Michael Ballachey, and Richard Hodge, though they live in three different counties, all coincidentally hired the same Oakland defense firm run by former Oakland and current San Leandro City Attorney Jayne Williams whom was responsible for providing the files to the defendants initially that was then given to her client Judge Lee for trial by John Russo.
During the recent CSAA trial, in April 2008, defendant Ron Cook admitted on the witness stand that he received the City file from Barber before October 1999. Barber then admitted during the next break that he got the file from the City and arranged to have it copied by AKON Copying Service and that he had said file until June 2000. It was not stolen, misplaced, nor had he absconded with it, it was given to him by the City Attorneys office!!!
As a protective measure for his co-defendants, Judge Jon Tigar had ruled that Barber would have to testify and answer al-Hakim's charges of spoliation of evidence and subornation of perjurious testimony stemming from his handling of the City file if there was more than one case file. If there was ever more than one case file, they were ALL missing and that fact was attributed to CSAA's attorneys by the City Attorney. Clearly, Mr. Barber now has to leave the seat as defense counsel and take the stand as a witness and defendant! You can see video of Tigar's ruling!
Cook and Barber's admissions now corroborates the story that was told to al-Hakim and his attorneys Mike Michel and Jeff Fackler in July 2000 by Oakland City Attorney's Janie Wong and Anita Hong. However, since 1999 Janie Wong, Anita Hong and Russo have always maintained that the files were missing and were last requested for viewing by defendant Ron Cook. This statement is also perjurious and deceitful as we now know that the December 1, 2005 written statement by Oakland City Attorney John Russo about Anita Hong leaving the case files at the office counter and no one coming to review them is willfully and intentionally perjurious, deceitful and fraudulent.
The City Attorney has failed and refused to effectively respond and such a non response, to ignore the fact that they have been caught in these illegal transgressions, reveals that John Russo and the City Attorney's office was an accomplice to the breaking of the chain of custody of the evidence that was spoliated by the unclean hands of the hostile intervener, allowed the court to make the file a part of the record, and presented the fabricated evidence planted in the case files and spoliated evidence at trial. al-Hakim asserts that Russo's and the City Attorney's Office and the hostile intervener's misconduct in connection with the Rescue case qualified for "unclean hands" as their actions meet the requirement that, to be considered as unclean hands, a party's misbehavior must relate to the transaction in suit and to the adversary party.
al-Hakim was stumped for years trying to find "Jane Williams" and was unsuccessful until recently while attending a Oscar Grant Town Hall meeting someone mentioned the Meyers Nave report on the abuses of the BART police in his murder and the general professional and ethical nature of the force. Curious about the alleged findings, al-Hakim did a web search and was surprised to find out that the principle of Meyers Nave and the City Attorney of San Leandro was none other than "Jayne Williams"! From there he found her active in many investigative roles as the finder of fact in case involving high level, high profile, governmental crimes.
Recently, Ms. Williams was retained as part of the Meyers Nave team selected by the San Francisco Bay Area Rapid Transit District (BART) to conduct a confidential internal affairs investigation of the officer-involved shooting death of Oscar Grant. This New Year's Day incident gained public attention throughout the Bay Area and the nation, and sparked protests that extended for a number of weeks following the shooting. The investigation reviewed the actions of the police officers who were involved in the incident to determine any potential misconduct.
As reported in The San Jose Business Journal's, Jayne Williams, and Meyers Nave were retained by San Jose Evergreen Community College District Board of Trustees to conduct an independent investigation into the allegations of financial and administrative improprieties by Chancellor Rosa Perez. In November 2009 these allegations were reported in three KGO news telecasts and a San Jose Mercury News article. Because of the significant public interest and attention generated by these news reports, the District Board decided that an independent investigation should be conducted and that the investigation report should be made available to the public, to the extent legally permissible. The investigation team, led by Jayne Williams, conducted a five-month investigation into the various allegations and produced a comprehensive report with findings, recommendations and conclusions that was released by the District to the public at a news conference on May 21, 2010.
Their website proudly boasts "Meyers Nave routinely represents public agencies in high profile internal investigations such as this investigation for San Jose Evergreen Community College District and the investigation conducted by attorneys Jayne Williams and Kimberly Colwell on behalf of BART into the actions of all the officers present during the New Year's Day shooting death of Oscar Grant. For more information on this investigation or for assistance with internal investigations, please contact Jayne Williams at 800.464.3559."
"Attorneys at Meyers Nave understand these pressures. In fact, we have earned our reputation by helping public officials find creative solutions to financial, regulatory and legal issues. Our extensive knowledge of all areas of municipal law — coupled with hands-on experience in negotiating and litigating — allows us to cut to the core of most issues and resolve them quickly."
"Our clients include a number of California's most forward thinking cities, towns, counties and redevelopment agencies. Our attorneys work closely with public officials — council members, city managers, planning directors, public works directors, finance directors and risk managers — to help manage and optimize programs and initiatives."
Their advertising at the 2010 League of California Cities Annual Expo Exhibitors in San Diego, CA, September 16 and 17, 2010 (as of 5/26/2010 ) displayed:
Meyers Nave
Booth(s): 738
Provide legal solutions for city attorney, general counsel and special counsel services in public finance, employment, cost recovery, infrastructure development, environmental law and civil rights litigation. www.meyersnave.com
Their website also list:
She and Meyers Nave worked with John Russo and the City of Oakland in a lawsuit against police officers that claimed they had been underpaid for working extra hours and for the time they spent putting on their uniforms, and that loss/settlement will pay $1.75 million in legal fees and costs and will offer vacation time and money to the officers. Under a tentative agreement reached this week, the city will cover the plaintiffs' legal fees. More than 500 current officers will receive an average of 130 vacation hours each, and about 60 retired officers each will be paid $3,500, said Rocky Lucia, an attorney for the officers.
She also worked with Russo and the City Attorney's Office in the April 2008 injunction that would have banned plastic shopping bags from landfills against the Oakland City's ordinance. Alameda County Superior Court Judge Frank Roesch said that the city failed to conduct a full review of how the ban would affect the environment.
In a statement, Keith Christman, senior director of the American Chemistry Council's plastics division, said, "They also take up more space in landfills." "Banning plastic bags would dramatically increase energy use, double greenhouse gas emissions and increase waste. Recycling plastic bags is the right approach and makes plastic bags the environmentally responsible choice." He said, "We encourage the city to help Oakland residents improve the recycling of plastic bags consistent with AB 2449, California's state-wide recycling program," and "Plastics are a valuable resource – too valuable to waste — and we believe effective implementation of the state's recycling program is the best and fastest way to steward environmental resources and reduce litter by recycling these bags."
Michael Mills, the attorney for the Coalition to Support Plastic Bag Recycling, said internal e-mails between Oakland officials last year indicate that they admit that compostable plastic bags aren't any better for the environment than are regular plastic shopping Bags and he believes Oakland officials only approved the ordinance for "feel-good public relations spin."
The recent lockout affected about 200,000 Waste Management of Alameda County customers in Oakland, Emeryville, San Ramon, Livermore, Albany, Hayward, Newark, Castro Valley and Oro Loma sanitary districts and some unincorporated areas but not other areas of the East Bay. WHY? Ask Superior Court Judge Frank Roesch.
Alameda County Superior Court Law and Motion Judge Frank Roesch has risen the perception of judicial misconduct to a new all time low in official graft and carpet bagging corruption of buying and selling influence and the power of the gavel in the bowels of justice to secure illicit personal gains in politics and business.
The renegade "Caca" Roesch, whom is of latino descent when it is advantageous, is Chairman of the Board of Directors of Tri-City Economic Development Corporation, a local non-profit recycling company that has recently been awarded large contracts for garbage collections and recycling with the Cities of Hayward and Union City and received over $8.5 million dollars in funding supported through tax-exempt bonds that were approved by the California Pollution Control Financing Authority, chaired by state Treasurer Bill Lockyer, a Hayward resident.
Tri-City Economic Development Corporation, doing business as Tri-CED Community Recycling, a tax-exempt, nonprofit 501(c)(3) corporation with no stockholders list it's key officials as:
Frank Roesch, Board Chair
Richard Valle, President and CEO
Michael Mahoney, Secretary/Treasurer
33377 Western Avenue
Union City, California 94587
On Tuesday, December 12, 2006 at the City of Union City, City Council/Redevelopment Agency Meeting, at 7:00 P.M. in the Council Chambers at 34009 Alvarado Niles Road, Judge Frank Roesch performed the swearing in of Richard Valle. Councilmember Valle thanked his family and supporters for helping him to win re-election. Roesch also performed the swearing in of Councilmember Manny Fernandez.
On February 6, 2007, the City Council of Union City awarded Tri-City Economic Development Corporation, doing business as Tri-CED Community Recycling, a tax-exempt, nonprofit 501(c)(3) corporation with no stockholders that is allegedly in the business of collecting curbside wastes in the cities of Union City and Hayward, and provides community recycling, education, job training and economic development a $5,595,937 loan through the California Pollution Control Financing Authority Bond Financing Program and assistance from The Small Business Assistance Fund. The company has recently received over $8.5 million dollars in funding.
The City Council Authority received letters in support of the Project from Assemblymembers Mary Hayashi and Alberto O. Torrico and Senator Ellen M. Corbett. Months earlier leading up to the loan, Senator Ellen Corbett held a private closed door session with the Union City Council.
Recently filed December 2006 State of California statements of political fundraising and contributions of politicians reveal contributions to the campaigns of these politicians by "Caca" Roesch and company.
Roesch and TRI-CED used what can clearly be perceived as official and political graft with corrupt influence in securing the contract with the City of Hayward. In June 2006, Michael Sweeney was elected Mayor for the City of Hayward and had been appointed by the City of Hayward to the Board of Directors of the Bay Area Water Supply and Conservation Agency in 2006. Mayor Sweeney was first elected to Hayward's City Council in 1982, and previously served as Mayor from 1990 to 1994. He became a member of the state legislature representing the 18th Assembly District from 1994 to 1998. From 1999 to 2003, he served as Governor Gray Davis' Undersecretary for the California Resources Agency. He assisted the Secretary in developing policy and overseeing a $5.2 billion budget and 31 departments, conservancies, boards and commissions. Sweeney worked as a consultant with TRI-CED were he assisted TRI-CED with the development of their e-waste program, community relations, contract negotiations, and obtaining the grant funding. The political connections are like a veritable "Who's Who" in local-statewide politics with TRI-CED employing, among many others, the services of John Dutra, former Assemblymember, to give presentations. Something smells besides the garbage in the East Bay but rest assured there will not be a strike in cockroach's land. If an African-American judge or politician had done this they would be Under jail!
Frank "Caca" Roesch has been charged in legal proceedings with, among others, exhibiting willful corrupt misconduct, hostility, bias and prejudice, is an unmitigating liar, crook, thief, racist, bigot, has unclean hands, and is incapable of the fair and proper administration of justice and has gone to extreme lengths to establish that fact as he finds truth inconvenient, evidence oppressive, law inapplicable, and justice intolerable!. He simply utters convenient lies that do not pass the applicable test of truth.
But in Oakland, City Attorney John Russo and city officials said garbage was stacking up, Waste Management was in breach of contract, the trash created a public nuisance, and they had received more than 3,000 complaints which lead the city to ask an Alameda County Superior Court judge to issue a court order compelling the garbage hauler to pick up trash. Oddly enough Russo himself has been subpoenaed for the City Attorney's own role in spoliation of evidence, subornation of perjurious testimony, and unclean hands in turning over the court files to a defendant in a case for six months, not notifying the court of the brake in the chain of custody of the files, nor the critical missing documents after the return of the files by the defense counsel.
Judge Richard Keller issued that injunction after holding a contempt-of-court hearing. Waste Management faced fines of as much as $2,500 for every missed collection beyond the contracted 20 missed collections per day in Oakland.
The Pick up of Garbage was Clearly Defined by Racial and Economic Lines
A survey of homes and businesses from Albany to San Ramon found that trash is being taken away on time in well-to-do neighborhoods.
Service in poorer neighborhoods , particularly in the Oakland flatlands, Fruitvale, East Oakland and West Oakland is spottier. Garbage bins were overflowing days, even weeks after the trash was supposed to have been picked up, but no garbage trucks had been by since the lockout began.
"I call them every day and (the phone) is busy, busy, busy," store proprietor Mohammad Ali said, looking at the bin near the intersection of 34th and Helen streets. "Customers come in and tell us about it. They think it is because we didn't pay the bill. But we tell them it isn't our fault."
Elteaser Lomax, with her primary residence on Rhoda Avenue near MacArthur Boulevard in the modest Dimond district of Oakland. "The smell is terrible," Lomax said. She received a recorded message from Waste Management on Sunday saying her garbage would be picked up this week, but it wasn't.
A store clerk who would only give his last name of Krishna said he had called Waste Management several times to complain. "I don't know what they're doing or when they're doing it," he said. "I know they're not cleaning it up."
"People down here pay dues here, too," said Shaunté Childs, 19, on 98th Avenue, where trash bins weren't being picked up. Scott Haggerty, president of the Alameda County Board of Supervisors, said his office had received complaints that "lower-income areas of the county are not being paid as much attention to."
Waste Management spokeswoman Monica Devincenzi denied that the company was picking up trash in more affluent areas at the expense of poorer neighborhoods.
Service was more predictable in more affluent areas, in Oakland and elsewhere. At Montclair Village, a shopping center in the hills above Highway 13, the Montclair Egg Shop restaurant had its garbage picked up on Wednesdays and Fridays, as scheduled. "Everything is like normal," said Mario Maita, a server at the restaurant. "No problems."
In Albany, Dave Lyons had noticed no disruption of service. He'd know, too. Not only does he regularly walk his dog Gus near Santa Fe Avenue, he's a real estate appraiser and is always eyeballing properties.
If garbage is getting picked up more often in middle-class and wealthier neighborhoods than in poorer ones, Lyons knows why. "I'm 63 years old, and this is about money and power and clout," Lyons said. "Look around at this neighborhood. There's Wall Street Journals on the doorsteps here. I'm just guessing that if the people in charge of picking up the garbage are going to decide where not to pick it up, it's going to be in the neighborhoods where people don't vote, they don't complain and they don't have clout."
Residents served by Waste Management on tree-lined Tahiti Drive and Bahama Court near the Crow Canyon Country Club in San Ramon aren't complaining either. The trash is scheduled to be picked up today, and no one's expecting any delays.
"Last week, they picked up mine," said resident Dennis Dutra. "As far as I know, it's business as usual."
Cindy Simons, a Castro Valley woman filed a class-action lawsuit against Waste Management claiming they breached its contact as well as broke state business codes when they continued to take payments from residents when it was not providing trash collection service. The suit seeks reimbursement for money already paid Waste Management as well as damages.
How important is it to the integrity and validity of the proper investigation and analysis of high profile crimes that the finder of fact is in fact guilty of corruption, collusion, conspiracy, extrinsic fraud, breaching the chain of custody giving the case files to defendants for nearly a year, fabricating evidence, planting fabricated evidence in case files and providing that spoliated case file to the courts without informing the court! This fact alone would bring all of their cases under scrutiny with the potential to be overturned! You can read and/or download the Complaint and the exhibits here if you choose.
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*******This is nothing but another tool for developers to continue exercising gentrification of the Black Community unopposed because of the apathy and lack of leadership in defending our rights from the so-called Black leaders! Where is the National Action Network, NAACP, CORE, Rainbow Coalition, you or any other national group that alleges to stand for Civil Rights when we are being raped and "Okey Doaked" by the "white liberal" defenders of the public trust?
Every defendant "served", and I use that term without any credibility under the legal process, with the unconstitutional injunction that has an attorney has been dropped from the matter! But those that are unrepresented are being "convicted" in a civil proceeding with criminal implications because they do not have legal representation provided as in a criminal matter! If just one defaults, the system will entrap the rest of the youth population for ever.
Conveniently the ACLU and LCCR did not represent theses people while filing a Amicus Brief yet venturing into the community with white liberal organizers that will benefit from the demise of the youth punished by the injunction to advocate and pre-sell it's inevitability and lobby for it's acceptance as a needed measure to fight crime.
Forget about the "double jeopardy" that these Black youth face in a civil/criminal legal web cast by a crooked City Attorney whom has fabricated and planted that fabricated evidence in a case file, gave the case file to the defendants for nearly a year, and gave the case file to a judge for trial without notifying the court! See more on the City Attorney below.
al-Hakim has mobilized attorney's to represent these poor, under served youth and secured ALL-Americans, NFL All-Pro, NBA World Champions, North Oakland residents, Oakland Tech High School and U. C. Berkeley classmates Marshawn Lynch and Leon Powe along with several native Oakland celebrities to join national celebrities in this fight! Through the collaboration of the individuals, Powe's "Fresh Start Oakland",the Aaron & Margaret Wallace Foundation, and others, we will provide the much needed alternatives to these profiled youth to succeed in life and not be eliminated from it because some developers want their families property and them out the neighborhood. WE MUST ACT NOW to end this travesty ASAP!
Abdul-Jalil
510.394.4701
The Aaron & Margaret Wallace Foundation
The Aaron & Margaret Wallace Foundation provides food; clothing; private school and college admissions educational opportunities; assists with referrals for job training and placement; rental assistance; social services assistance; homelessness assistance; mental and physical health assistance; medical assistance and legal aid assistance referrals for ANYONE whom has the need at the Aaron & Margaret Wallace Foundation website.
Anyone can register at http://AMWFTRUST.ORG by submitting an online request form in a strictly confidential submission and they can also feel free to call the number (510) 394-4101 as well.
Thanks again for the opportunity to serve you and let's ALL do more and better for those less fortunate.
Abdul-Jalil
510.394.4101
" The Man Who Turn$ Hit$ Into Million$"
" In a time of universal deceit, telling the truth is a revolutionary act." — George Orwell. For The Truth In The News!
" In a time of universal deceit, telling the truth is a revolutionary act." — George Orwell. For The Truth In The News!
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Palash Biswas
Pl Read:
http://nandigramunited-banga.blogspot.com/
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