DA Wagstaffe: FBI investigation ‘manufactured’

I do not recall anyone who was being investigated by the FBI acknowledging that fact – until they were in handcuffs.

Mr. Wagstaffe you have the right to remain silent. Anything you say can and will be used against you in a court of law.

Double, double, toil and trouble. Like the three Witches in MacBeth, John Johns, Jon Buckheit and Peter Carpenter are stirring up the pot with evil intentions.

I don’t know if Wagstaffe has done anything which will get him in trouble with the FBI, but it’s easy to believe he’s got things to hide, for example, his email of encouragement ot the Sheriff who got caught in the brothel raid, posted by another concerned citizen, and his misleading statements to an appeals court essentially to renege on a plea bargain his own office had made with the man, and the fact that, in the eyes of the Fox, the former DA, the cops are never wrong, a policy which Wagstaffe lived with literally for decades, all show you this guy has some serious character defects.

Also, as far as the “hard working men and women in the DA’s office” who are apparentlty being libeled and slandered — Steve, it’s not necessarily THEM people are complaining about. It’s YOU.

This whole seems full of BS and people including the DA all have self interest in this. If there is an investigation it will surface in due time. It seems to me people should get on with their lives and let the FBI do its job , if it is doing anything.

“Fair is foul, and foul is fair” is a much more relevant line from my play!

Hey, Wagstaffe, your comment in this article makes you look like a total jerk. For future reference, this could have been handled by the following comment:

“I am not aware of any investigation of my office by the FBI. Should the FBI or any other agency need or desire to investigate the San Mateo District Attorney’s office, we will cooperate fully with any such investigation.”

See? That leaves you smelling like a rose. You don’t smell that way now.

From Mercury News in January

“New San Mateo District Attorney Will Stick with Old Ways”

Steve Wagstaffe, who was sworn in as San Mateo County’s new district attorney Thursday evening, said he isn’t the type to shake things up or blaze new trails in law enforcement.
After more than three decades in the county office, including 19 spent as the right-hand man of outgoing district attorney Jim Fox, Wagstaffe said things are going as well as can be expected.
“If there was a call for big changes, Jim and I would have made them a long time ago,” Wagstaffe said. “Jim and I disagreed on very little when it came to prosecutorial philosophy.”

http://www.mercurynews.com/ci_17032576

Is it manufactured that Karen Guidotti who is Wagstaffe’s right-hand man, er, woman is married to a COP in the sheriff’s department?

Is it manufactured that Wagstaffe and Fox covered up a MURDER by sheriff’s deputy Robert Pronske, who shot and killed his mistress’ boyfriend? See below.

It is manufactured that Atherton hired Pronske’s niece as a police officer?

Patterson Man Killed by an Off-duty Deputy; A Patterson man was killed Thursday in a Turlock home. Russell Allen Selander, 38, of Patterson was fatally shot by off-duty San Mateo Sheriffs Deputy Robert Pronske after breaking into a home where Pronske and a Turlock resident were. Tina Bryant, 33, reported that Selander came to her home around noon. “Bryant didn’t want to talk to him, so she didn’t answer the door,” said Deputy Tammy Drew of the Stanislaus County Sheriffs Office. About 45 minutes later, he returned and demanded that he be let in. Selander was denied, said Drew, and soon after forced his way into the home through an upstairs window. He was met by Bryant and the off duty deputy, 36. Selander reportedly advanced on Pronske with a tire iron, and the deputy fired one shot from a handgun he had with him. Selander was hit in the upper torso and was dead when deputies arrived. The case has been turned over to the District Attorney’s office, Drew reported, to determine if a prosecution is warranted. The incident and the motive are still under investigation.

Dear FBI,

You have just received your “To those who matter” message form our District Attorney Steve Wagstaffe.

Good Luck

To FBI investigation:

As Shakespeare said in the Merchant of Venice:

“Give me your blessing: truth will come
to light; murder cannot be hid long; a man’s son
may, but at the length truth will out.”

FBI investigation:
Your post above is confusing to me –maybe intentionally so–with your remark “politically motivated wild goose chase”.
Please explain what could be so upsetting to you about residents who require both fairness and the expectation of justified confidence in their law enforcement and County Officials?
Unfortunately, It is all too natural, for good governance to drift off balance towards the pressures of special interests and to slowly wear away on the better judgement of elected officials. This will always happen even under the best of circumstances, and will always need occasional correction.
The Law actually exists to eliminate the need for a lot of judgement calls by any of us—but ethical leadership and impartial implementation of the law by sworn officials will only be sustained with everyone’s vigilance. Loyalty has to be to ideals– not the persons who populate these institutions or that hide in the side office. The falsely accused are the most natural sentries to protect values we all aspire to take for granted. Who else might be more passionate? Or more entitled to speak out?
How much you wanna bet there aren’t plenty of blue uniforms secretly grateful that some regular citizens are trying to help clean some of this up for them because they care enough to?

Sometimes investigations are conducted with the intention of revealing the truth.

Sometimes investigations are conducted with the intention of discrediting those who raise allegations and providing an enhancement of the credibility of those conduct is questioned.

Which do you think occurred here?

The news reports have stated that the FBI is looking for anyone who has worked in the DA’s office with knowledge of misconduct to come forward. I would imagine that they are looking for anyone who has worked in the San Mateo Sheriff’s office or whistleblowers from the County police departments to come forward as well.

The DA’s office is supposed to protect the citizens from crime – not cover for those who work for San Mateo who have committed criminal acts.

Memo to District Attorney Wagstaff and the Atherton Town Council –

This isn’t going to go away.

All past, and most current members of the Atherton Town Council would rather “die before ever admitting that they have ignored obvious problems” that have festered their way into the status quo for years now. Hopefully the mayor will finally get on board once the tide has turned.

I have filed a criminal complaint against Atherton and the San Mateo County Office of the District Attorney. The charge is deprivation of my civil rights under color of law. This is a federal crime with a statute of limitations of 7 years.

I encourage others similarly affected to do the same.

Those who have evidence in support of their allegations. Will be heard.

I however would caution those who have little more to offer than conjecture or suspicion to approach the FBI. These folks have limited resources and can only afford to pursue bona fide leads, supported by solid evidence.

In my case I have offered such evidence and I have every confidence that my complaint is being taken very seriously.

I can also assure Mr. Wagstaffe that the investigation of his office is by no means “manufactured”. I am not the only one who has complained and the grievances I have voiced pale in comparison to what has been shared with the FBI.

Let’s cut the crap. Yes, anyone can walk into an FBI office and tell their story.

Here it seems the FBI has spoken with multiple people. Does it rise to the level of an “investigation”? I guess that depends how you define it.

But just the fact that they are talking with multiple people about the behavior of the SM district attorney and Atherton officials (presumably cops) can’t be anything but a bad reflection on how they have behaved.

Hopefully even if nothing comes of this, it will give them reason to think about whether they can continue to exercise poor judgment with total impunity on an ongoing basis.

JT – you are simply wrong, and sadly so.

As you all know, the FBI has a policy that it will neither confirm nor deny that it is conducting an investigation. That policy allows this hoax to continue. But if you post the names of the agent or agents you met, it’s easy to confirm whether they actually exist.

Ultimately, time will tell whether any of you are telling the truth.

Of course, if they were investigating the police, city hall or D.A., don’t you think they would raid those offices first to secure the records they need to carry out this investigation? How can you investigate government misconduct without records from the agency being investigated?

I can’t wait to read the creative responses to that!

JT suggests it is impossible to conduct an investigation without raiding the offices of a government agency.

JT hasn’t heard of the California Public Records Act. There is a tremendous amount of information one can get via this channel and then feed to the feds.

JT insists we provide the identity of the FBI agents conducting the investigation. This is an unseemly request from one who makes such a demand anonymously.

Don’t even bother responding to “JT”. I believe s/he’s a cop, and full well knows that the subjects of investigations are usually not given forewarning of the investigation, and for obvious reasons. As John Johns aptly stated, the Atherton Police Department and San Mateo County District Attorney’s office have generated enough records in the hands of people who have been victimized by them to provide fodder for an investigation.

Additionally, a highly credible member of the community, Peter Carpenter, who has served in leadership roles not only in private industry and academia, but also in government, has vouched for this investigation. The denials of “JT” are just ongoing attempts by the Atherton Police Department to discredit ANYBODY who disagrees with them or speaks out in criticism, no matter the professional, educational, or positional credentials (Carpenter, Buckheit, McKeithen).

Dear Menlo Voter

On the afternoon of August 27, 2007 the Atherton Police Department conducted a raid on my office without probable cause. Former Chief Robert Brennan gave the order. Officers Kristin Nichols, Tim Marks and Tim Lynch participated in the raid with Detective Sherman Hall assisting after the fact.

In conducting its raid on my office without probable cause, the Atherton Police Department violated my constitutional right to privacy under color of authority. This is a federal crime with a statute of limitations of seven years.

An internal affairs investigation is in progress in response to my citizen’s complaint over the incident.

I have also filed a criminal complaint with the FBI. My complaint to the FBI is not limited to Atherton and this particular incident however.

So “JT” is right, a law enforcement agency doesn’t need probable cause to conduct a raid. However if it does conduct a raid without probable cause, it does so at its own peril.

Some said I should “get a life” and “go find another gravy train”. I’m not letting up, not until criminals clad in blue and adorned with a badge are brought to justice.

John:

yes, the police can make a raid without a search warrant. My comments were in regard to the LEGAL process required if the police agency conducting the raid actually wants to be able to use any evidence in a court of law or doesn’t want to be looking at an action such as yours for violation of civil rights. So, I stand by what I said – JT has the cart before the horse. The only exception is “exigent circumstances.” Neither this case nor yours come anywhere near the level of exigent circumstances. What the APD did in your case is simply a violation of your civil rights and I am sure you will prevail in pursuit of justice for those violations.

Can you tell me when that person posted the email of support from Wagstaffe to Munks? I did a search of this forum & couldn’t find it. Very intrigued, want to read it. I was incensed about that brothel visit, and I’m no prude. He should’ve been dismissed from his post – but that’s another topic! Thanks.

To Lurker:

I haven’t forgotten about the guy in the suit at the County Building. He’s included in the criminal complaint I submitted.

I have been in contact with others who have told their stories to the FBI. As bad as my experience was with the Atherton PD and with the DA, their stories are far more compelling than mine.

To Menlo Voter:

You made your comment from the perspective of one who has respect for the rule of law. I made my comment as a victim of police officers who did not feel constrained by the rule of law. They acted as though they were above the law.

Until now, the cover that Wagstaffe as DA gave for law enforcement in San Mateo County served as a kind of immunity – That was then, this is now.

Wagstaffe says the investigation is “manufactured”. Wagstaffe is whistling past the graveyard.

The involvement of the FBI is a game changer.

The chickens continue to cluck. The satire that JT describes actually demonstrates the lightness in weight of those that continue to complain about a corrupt San Mateo County government. Where was all the outrage less than a year ago when the current District Attorney ran unopposed in the June primary and publicly stated that he would continue to manage the department as his protege Attorney Fox? With all the alleged corruption and malfeasance that has been posted by the handful of people on this blog, it would seem to me that someone with a law degree specializing in criminal justice could have been found to run against Mr. Wagstaffe for the $260,000 a year job. This is nothing more than one individual’s attempt to try and cause trouble because he was unhappy with the D.A.’s decision not to prosecute a vaguely worded and unenforceable 57 year old law on the books that to date no one has ever been prosecuted.

“Holly L”…aka “None”, you might have more credibility if you did not post using multiple names and have your posts removed due to the innuendo you continue to publish. Perhaps you could name the FBI agents you met with as JT suggests and enlighten us as to “what’s really going on” since you claim to be in the know.

Thomas:

Why so anxious to know the names of the FBI agents? What good would that do? They won’t speak to you – or to the reporters. And the FBI spokesperson won’t tell you what is going on.

I don’t publish innuendo. I publish the truth. And I’ve never had a post deleted.

No one is going to tell you the names of the FBI agents. I do however, get the sense that this investigation has you concerned. It would be interesting to know why that is so.

This Investigation is long over due. For over 10 years that I know of, people have been reporting to the Board of Supervisors their complaints of Abuse of Discretion of the District Attorneys Office. Think about it, this office is the most powerful office in the county. With no oversight, performance auditing of complaints vs. charges filed and no single point data base to keep track of complaints, how would anybody know if the DA’s office is behaving properly.

Prosecutorial misconduct in San Mateo County is unchecked. That can’t be good for anybody.

Corrections:
Whatever the outcome, I think all of us will be reassured by the results of such an independent investigation.

And:

I know that Thomas and others wish that I had instead helped maintain the code of silence that has prevailed, but that is not my style.

Time for a progress report from those who claim the FBI is conducting an investigation. It’s been more than a month since they said FBI agents began conducting interviews. During that period:

— No subpoenas have been delivered to Atherton police or city offices.

— No search warrants have been executed.

— No arrests have been made.

Yet sloppy FBI agents have allowed those who they have interviewed to blab all over about their investigation. This tells the targets of the investigation that they need to shred documents before the G-men come.

You’d think that if Peter Carpenter and John Johns were really interviewed by FBI agents, they would have been advised to keep their mouths shut. Why would the FBI want news coverage of an ongoing investigation? Particularly when the bureau’s policy is to never disclose whether an investigation is taking place. Sure, those interviewed by federal agents have the right to say what they want, but usually they’re smart enough to follow the instructions of the investigators.

So that’s Month 1 of the Atherton/San Mateo County FBI investigation. Let’s check in a month from now to see if anything has happened. After a few months of no progress, it will be time for Carpenter and Johns explain what happened. Can’t wait for that.

JT’s note is most interesting – was this a special message to friends?

“This tells the targets of the investigation that they need to shred documents before the G-men come.”

Fortunately, in this electronic age, surveillance and data backup may make this task more difficult, if not to compound problems for friends, if they take any attempt to destroy evidence.

POGO:

JT’s lack of understanding of how an investigation is conducted doesn’t mean he’s not familiar with police work, just investigations. I’ve said it before, the APD isn’t good at investigations because they never have anything to investigate and on those occasions where they really do, they turn it over to the Sheriff’s Department. You can’t know how or get good at investigating if you never do any.

I also think there’s a little whistling past the graveyard in JT’s post. Complex investigations, and this is likely to be quite complex if the rumours of it’s scope are anything to go by, take a great deal of time before subpoenas are issued or arrest and search warrants. I think JT is just hoping that the passage of one month means nothing is going to happen to him and the corrupt players that occupy the criminal justice system in San Mateo County. To that I say, just keep on whistling JT. Your time will come.

I was all wrong! I was walking by Atherton Town Hall tonight and there were federal agents with “FBI” and “IRS” on the back of their light blue windbreakers carrying box after box of documents to black SUVs. I’m surprised the Almanac isn’t all over this!!!

I looked across the way and saw one APD officer, in handcuffs, after another being frog-walked to a waiting bus. I asked an FBI agent what was happening. He told me that nothing was happening and that I should keep walking. I demanded to see some identification and he handed me his identification. It said, “Special Agent Elliott P. Ness.” I had heard of Elliott Ness before but when I said his name out loud (try it yourself) had no idea that was his middle initial. I looked into one of the squad cars, and it appeared that Steve Wagstaffe was sitting in the backseat, obviously in custody. He was calling his brother, asking if he knew any good lawyers.

In the parking lot, men from the National Bureau of Edifices were building something. At first it appeared they were putting up a statue to honor the great comedian Charlie Sheen. Then they put glasses on the figure and it was obvious that it was a monument to the great Peter Carpenter. There was talk amongst town folks that this honor was most deserving since the Nobel Peace Prize had already been handed out to some slacker in a Chinese prison. It is rumored that Carpenter is also up for the Golden Acorn award from the Menlo Park Chamber of Commerce, though that is a closely guarded secret.

As I admired the Peter Carpenter statue, John Johns pulled up. He has a valid drivers license these days. He told me that he started this investigation, though he seemed a little surprised at the scale of the operation. Then I asked him, “But why would the IRS be here?” His face turned to white, he jumped back into his car and sped toward El Camino faster than an APD police car late for a donut break.

JT:

That was a nice touch with your IRS comment, a hint of an implied threat.

You may know that I’m a CPA. Let me know if you need any help with your taxes. All you need to do is disclose your own identity on this forum. I’ll take care of the rest.

Wagstaffe has abused his power. He has used the contacts, resources and authority of his office to protect law enforcement and to persecute those who are critical of law enforcement in San Mateo County.

Wagstaffe and his co conspirators in Atherton and other law enforcement agencies will be held accountable.

There have been many who have had the courage to speak out, despite the malicious threats of the likes of “JT” and other friends of Wagstaffe and Atherton posting under assumed names.

This kind of bullying will not stand.

Just checking in with Carpenter, Johns, Stogner, “Holly” and the gang … How’s that FBI investigation going? Any news yet? Have these FBI agents told you what’s taking so long?

I think the Almanac should put a “count-up” clock on their home page, showing how long this investigation has taken. Every day the number would increase. I’d say we’re at Day 45, is that right guys?

How many days should we go before we declare these FBI reports to be “unfounded”?

50? 60? 65?

JT – Patience is a virtue;good work takes time.

Besides, who is counting except those who are very nervous. I like that they, and you?, are nervous and counting.

JT,

Patience….Patience….Rome wasn’t built in a day.

What on earth is causing you to be in such a hurry?

Steve Wagstaffe isn’t in any hurry, he couldn’t care less, he has already declared there is no investigation…so just sit back and relax….No Worries.

Another possibility might be that Mr. Johns and other are being interviewed by police officers dressed up as FBI agents as a ploy to give these people a venue to vent but also to assure that nothing gets outside of the County’s”closed loop” . This would be in perfect keeping with many other standard M.O. practices used for maintaining the status quo in SMC for decades.
Its a CLUB — not a government.

2/10 Almanac article comes out.
3/1 JT declares investigation has been public for 30 days.
3/4 JT declares investigation now 45 days in public eye.

Don’t they teach you how to count in the police academy? Comes in handy to figure out how many more years before the 90% kicks in.

Why so sensitive about an investigation? It CAN serve to exonerate you, right? Ask your fellow cops about that oh wait maybe that only happens for sure when you get to choose the investigator?

JT — last night on ABC news there was a story on police corruption in Danville. At the end of the newscast they said ABC had confirmed that as many as four police departments in the bay area are under federal investigation.

Sorry to burst your bubble.

Here are 5 reasons the Alamanac might have removed the link to YouTube (that said, the video was very entertaining, very well done, close to home…and I forwarded the link on friends).

Excerpts of the Almanac’s terms of use statement:
• You agree to be respectful of others
• You agree not to use any profanity, abusive or offensive to any individual
• You agree not to post anything on AlmanacNews.com that is not your original work
• You agree not to make posts that links to another Website.
• You acknowledge that we are the sole judge of whether the content meets Terms of Use and may edit, remove or lock content you post on AlmanacNews.com at our sole discretion for any reason

It’s been removed from websleuths also. Hmmmm. Does Wagstaf have thin skin?

Where’s the FBI? Waiting for the other shoe to drop!