Another Atherton Resident Wrongfully Arrested
Original post made by Jon Buckheit, Atherton: West Atherton, on Apr 1, 2010
Some attorneys may argue the technicalities of a prosecutor's charging standard being different than the legal standard of making an arrest. From a practical purpose, however, there is no difference. The San Mateo District Attorney is one of the most aggressive prosecutors in California. For example, they recently prosecuted a volunteer coach for yelling at some kids who were bouncing a ball off of his trailer home wall. They will try cases that would never be brought in less conservative counties such as San Francisco.
When a D.A. refuses to charge just 24 hours after an arrest, without even attempting to gather more evidence to see if a prosecution can be proven, it shows me that there was definitely no evidence of any crime committed in the first place.
After what happened to me, I am amazed the APD would not have called in any gray area situation to the D.A. before making an arrest to see if the D.A. felt enough evidence existed to move forward.
Councilman Jerry Carlson stated at the last council meeting that he saw no reasons for a police review board. I suppose one false arrest wasn't a good enough reason. How about two, Jerry? If not two, how many would it take for you to think there is a problem?
Councilman Charles Marsala stated at the same meeting that he had a problem with the name of a police officer who stole golf clubs from a resident being published in the newspaper. Do you have a problem with the name a resident who is wrongfully arrested being published over the Internet by the town itself, Charles? Don't be shy, speak out on these forums. You said in the newspaper this morning that there are so many more important issues to deal with than the loan controversy. Is this one of them? You haven't been shy about coming here to speak about John Johns over the years. Was that a more important issue than this?
Will Wynne Furth write a legal opinion exonerating this taxpaying resident of wrongdoing as quickly as she did for Charles Marsala? Or simply another press release extolling the qualifications and virtues of the arresting officers. leaving the resident to ponder whether or not to pay a fortune in legal fees to achieve a factual innocence as I had to do?
I am working on getting the resident a victim's advocate. This is a totally unacceptable situation. There is only one council member, Kathy McKeithen, doing her job to help residents with this issue. One is on the fence, and the other three are turning a blind eye to some very real problems that won't go away by ignoring them.