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The probation violation charge that resulted from the search of journalist Brian Bothun’s Atherton home last October was dismissed in San Mateo County Superior Court on Monday, Jan. 24.
The San Mateo County District Attorney’s Office had determined that there was “no reasonable likeliness” that the .01 gram of a drug found in a plastic bag in Mr. Bothun’s closet during the search would lead to a conviction, said Mr. Bothun’s attorney, Dan Barton of Palo Alto.
The trace of the controlled substance “was residue,” Mr. Barton said, adding that the search turned up no drug paraphernalia and no evidence of current use.
Mr. Bothun was near the end of an 18-month probation period for a misdemeanor drug conviction when county probation department and sheriff’s officers with a police dog, along with three Atherton police officers, descended on his home, searching his computer and iPhone as well as the house itself.
Mr. Barton and a number of Atherton residents have criticized the search, citing the number of officers present and the use of a dog, as well as the scale of the search. “This was for a misdemeanor drug conviction,” Mr. Barton said.
He said he believed the police action was “part of a vendetta against Brian for his work as a journalist … for exposing (the wrongdoing) of a police chief” — a reference to Mr. Bothun’s work as a local reporter in revealing that then-Police Chief Steve Cader voted illegally in an Atherton election. Mr. Cader was ultimately charged with voter fraud, and left the department under a cloud.
Atherton Police Chief Mike Guerra responded that his department didn’t initiate the October search, but assisted in it at the request of the probation department.
Mr. Bothun’s probation ended Nov. 28 after he completed drug treatment; his arrest and conviction have been wiped from his record, Mr. Barton said.
Well! Finally Mr. Bothun can see the light at end of the tunnel. Let’s hope this is the end of the harassment that smells of a vendetta. Bothun has suffered for the last 3 to 4 years. The Atherton Police Department has got to clean up its act and get down to the business of working for the residents of Atherton.
Good article Ms. Batti
I read the front page article this AM; so it looks like we will get a report sometime soon.
I hope the DA really takes McClure to the carpet for his poor handling of this. He made a mess out of this and deserves strong criticism.
Also Keith appears to be heavily involved and may also have committed a Brown act violation.
To Olt Timer:
Wishing for the DA to do the right thing in this instance is futile. When it comes to misconduct by police officers, the DA has historically turned a blind eye.
Finally the DA has stopped acting as a tool for the vendettas of the Atherton police department and has refused to press these ridiculous charges that were smeared on Mr. Bothun in a retaliation attempt by the Atherton police.
Sherman Hall led this raid on Bothun’s home.
Well guess what, the story isn’t over yet, since it appears the Atherton police have tried to smear Mr. Bothun with more false charges as well. This will come out shortly.
Is this a pattern? Bothun, then Johns, then Buckheit?
Sherman Hall went to school with Bothun. Is he carrying out grade school vendettas?
Sherman Hall was involved in the police report against Johns that involved an 18-month “criminal investigation” by the DA. This was in the days before Buckheit put the bright light on Wagstaffe, so he was more willing to go out on a limb then. John Johns has an 18-month investigation over an IPOD, and DeVlught gets exonerated. Right.
I also heard that Hall was involved in doing some illegal background checks on an Atherton resident. This can’t be good. Stay tuned.
This is what was allegedly found after this Huge search.
.01 grams –or 1/100th of a gram– of a controlled substance.
It has retail value of 60¢ to $1, if that.)
There’s a shock. Like I said from day one, this was totally bogus.
I’m not sure people realize how much one-hundredth of a gram is.
To provide a little perspective, if you emptied an entire packet of sugar into your coffee or tea, you will generally leave more than that amount behind in the empty packet.
Congratulations to the APD for their vigilance and for making this find. You clearly have broken up a large narcotics ring and made a huge impact on local criminal activity.
The Bothun case is yet another example of the Police Department abusing its power and wasting local resources to persecute one who’s been critical of the Department in the past (and justly so).
This is not as much resolution or vindication as Mr. Bothun deserves after the long ordeal he has been subjected to–but I am still very glad to see this news.
Our system of governance will never function with intimidation directed at members of the 4th estate, especially it comes from law enforcement.
I hope Mr Bothun gets his full dignity restored as this would benefit us all.
What are you talking about Ed? Mike Guerra said in the Palo Alto paper today that the police department is NOT targeting Mr. Bothun for retaliation. If he says it, it must be true. And if you don’t believe him, he can get Pete Petersen to exonerate himself on that issue.
Mr Exonerated:
Au contraire.
Unfortunately, The involvement in project “Get Bothun” , of Officers from as far away as Oakland and beyond, would not surprise me at all anymore. Why -just a few months ago, Atherton paid to send several APD officers to to Oakland as part of some Mutual AID Agreement, to cover the Meserlee Sentencing, so they already owed APD a favor. I’m sure they would be thrilled to reciprocate with this capture of such a trophy Atherton resident.
Maybe the favor was already repaid when Petersen, an ex Oakland high ranking officer, came to Atherton to white wash things. I fully expect Guerra, Nielsen or Brennan to do something similar for Oakland cops sometime in the near future (for example, exonerate an Oakland cop who shoots a suspect in the back, etc.).
When you stop and think that Bothun went to grade school with one of the officers who was at his home, in charge of the raid, it’s scary.