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City Attorney Jayne Williams Corruption Set Aside ALL Cases
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 Charges:
On May 5,2010 Abdul-Jalil al-Hakim filed “Notice of Complaint”and on June 7,2010 filed and served a 200 page Corruption,Extrinsic Fraud,Criminal Misconduct,Ethics and “Whistle-Blower”Complaint complete with audio CD on Congresswoman Barbara Lee,State Assemblyman Sandre Swanson,Alameda County District Attorney Nancy O’Malley,Alameda County Presiding Court Judge Jon R. Rolefson,Alameda County Supervisor Kieth Carson,Oakland California Mayor Ron Dellums,Oakland City Administrator Dan Lindheim,Oakland City Auditor Courtney Ruby,Oakland City Councilpersons Desley Brooks and Larry Reid’s offices,and is being submitted to the Alameda County Grand Jury while California Attorney General Jerry Brown’s office refused service of their complaint! 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/
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. Here is a complete copy of the Russo Williams Complaint with Exhibits
al-Hakim has asserted that as relevant to whether these actions of Jayne Williams,John Russo,the Oakland City Attorneys Office and al-Hakim’s own insurance carrier,CSAA,there are equally as serious charges with regards to the actions of Jayne Williams;John Russo;the Oakland City Attorneys Office;CSAA;Cook and Willoughby Stuart &Bening;Barber and Ropers Majeski participation in the orchestration of defendants Rescue Rooter and Bay Area Carpet’s defense strategy against their client rather than represent al-Hakim as required by law. The witness testimony and evidence that was procured thru admitted suborned and solicited perjurious testimony by them and the defendants,they engaged in actions to interfere with their client and litigant’s legal case,engaged in actions to coverup the unlawful act of suborn and solicited perjurious testimony,committed fraud upon the court of the State of California,aided and abetted criminal activity,committed willful,criminal and corrupt perjury,fraud,conspiracy to commit fraud,conspiracy,subornation of perjurious testimony and solicitation of perjurious testimony,fraudulent concealment,spoliation of evidence with the City of Oakland,their unpardonable breach in the chain of custody of the court files,has committed patterned willful,criminal,and corrupt deception and fraud upon the court,extrinsic fraud,spoliation of evidence with the disappearance of court records,and have unclean hands
The parties that have engaged in this activity are Managing Principal Partner of the law firm Meyers Nave,former Oakland and current San Leandro City Attorney Jayne Williams;Oakland City Attorney John Russo,Mark Morodomi,Randy Hall,Janie Wong,Anita Hong,Sophia Li,Demetruis Shelton- current President of the National Bar Association,Elizabeth Allen,Erica Harrold,Michele Abney,Eliada Perez and the Oakland City Attorney’s Office;former City of Oakland employee Pat Smith;Stephan Barber and others of the law firm Ropers,Majeski;Ronald J. Cook,Randy Willoughby,Alex Stuart,Annette Bening’s brother Bradley Bening and others of the law firm Willoughby,Stuart &Bening;William Jemmott now of the law firm Wilson Elser;Todd Jones and the law firm Archer Norris;Daniel Crowley of the law firm Daniel Crowley &Assoc.;Fletcher Alford,Joel K. Liberson and the law firm Gordon &Rees;Sean Robert O’Halloran now of the law firm Crone Rozynko;Anne Brooks Harrigan now of the law firm Grancell,Lebovitz,Stander,Barnes &Reubens;Yolanda Marnell Jackson- San Francisco BAR Assoc.,now of the law firm Jackson Alternative Dispute Resolution;the law firm of Caven,Cleaveland,Murray;the former law firm of Jackson Harrigan;John Ratto and Dean K. Beyer,of ASU Group (formerly D. L. Glaze);defendants Rescue Rooter and Bay Area Carpet Cleaning;and retired Judges David Lee,Michael Ballachey,and Richard Hodge;and others.
The Liability and Damages:
The Parties have all failed and refused to provide the information sought by al-Hakim,and further failed and refused to appear under court ordered subpoena for deposition testimony twice and under court ordered subpoena for trial testimony and have caused al-Hakim and family to be forced from their $1 million plus home and office,foreclosed from an over $20 million law suit,and multi million business for 13 years thru the City Attorneys’ violation of the business and professional codes,extrinsic fraud,subornation of perjurious testimony,committing these acts under the color of law with unclean hands,and should be prosecuted to the full extent of the law.
City Attorney,Defendants Perjurious Claim of Innocence
Since 1999 Managing Principal Partner of the law firm Meyers Nave,former Oakland and current San Leandro City Attorney Jayne Williams;Oakland City Attorney John Russo,Mark Morodomi,Randy Hall,Janie Wong,Anita Hong,Sophia Li,Demetruis Shelton- current President of the National Bar Association,Elizabeth Allen,Erica Harrold,Michele Abney,Eliada Perez and the Oakland City Attorney’s Office has always maintained that the City of Oakland case file in the Abdul-Jalil al-Hakim vs. The City of Oakland matter from the 1991 backup were missing and were last requested for viewing by defendant Ron Cook.
For over eight (8) years CSAA defense counsel Stephan Barber had denied that he had anything to do with the handling,disappearance,transportation,having possession,copying or returning of the City of Oakland case file in the al-Hakim matter from the 1991 backup. He has repeatedly stated that he “never touched the file” and “knew nothing about it”.
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 has asserted that as relevant to whether these actions of Jayne Williams,John Russo,the Oakland City Attorneys Office and al-Hakim’s own insurance carrier,CSAA,there are equally as serious charges with regards to the actions of Jayne Williams;John Russo;the Oakland City Attorneys Office;CSAA;Cook and Willoughby Stuart &Bening;Barber and Ropers Majeski participation in the orchestration of defendants Rescue Rooter and Bay Area Carpet’s defense strategy against their client rather than represent al-Hakim as required by law. The witness testimony and evidence that was procured thru admitted suborned and solicited perjurious testimony by them and the defendants,they engaged in actions to interfere with their client and litigant’s legal case,engaged in actions to coverup the unlawful act of suborn and solicited perjurious testimony,committed fraud upon the court of the State of California,aided and abetted criminal activity,committed willful,criminal and corrupt perjury,fraud,conspiracy to commit fraud,conspiracy,subornation of perjurious testimony and solicitation of perjurious testimony,fraudulent concealment,spoliation of evidence with the City of Oakland,their unpardonable breach in the chain of custody of the court files,has committed patterned willful,criminal, and corrupt deception and fraud upon the court,extrinsic fraud, spoliation of evidence with the disappearance of court records,and qualify for the doctrine of unclean hands.
Judge John Tigar’s Admission of Fabricated Evidence,Planted in Case Files Tainted,and Spoiled by the Hostile Intervener and the Oakland City Attorney
The only evidence produced by CSAA in their defense at trial during the al-Hakim vs. CSAA trial in April 2008 was the two fabricated notes allegedly from Pat Smith taken at the time of the occurrence of 1991 back up. There was no other evidence lodged with the court reflected in the minutes of the hearing. The hearing was held in al-Hakim’s noticed absence as he was attending a funeral after a second death during the trial of an over 40 year friend.
al-Hakim had served a trial subpoena upon defendant Ron Cook to produce his entire case file at trial. Cook appeared at trial with less than 15 boxes of files claiming that these were the only ones he felt was responsive to the subpoena. Upon review of the files provided,it was clear that there were just many,many duplicates of the same documents copied over and over without there being any new information provided. al-Hakim had also subpoenaed Ronald J. Cook,Randy Willoughby,Alex Stuart,Bradley Bening and others of the law firm Willoughby,Stuart &Bening yet no one else appeared or provided their case files pursuant to the subpoena claiming that they knew nothing about the case and it was Cook’s alone as an unsupervised “independent contractor”.
During a review of Cooks files in the court room while trial was recessed for a week,al-Hakim found a document in Ron Cook’s copies of the City of Oakland files which was a note entitled “Al-Hakim v. C/O (92416)” with two bates stamp numbers 001323 and 000002 (See one page note under Exhibit C here is a complete copy of the Russo Williams Complaint with Exhibits) that was discovered on April 2,2008 during trial subject to subpoena. This document apparently states a list of “documents not provided to council requesting file”,and further mentions “Attorney-Client and work product documents”. These notes clearly address:
City Attorney Jayne Williams Corruption Set Aside ALL Cases
1) conversations between and a one page memo from EFA (City Attorney Elizabeth Allen) to RWH (City Attorney Randy Hall) and former City Attorney employee Pat Smith on August 27,1999- SIX YEARS AFTER Smith was fired by the City;
2) another conversation between and a one page memo from EFA (City Attorney Elizabeth Allen) to former City Attorney employee Pat Smith on August 27,1999- SIX YEARS AFTER Smith was fired by the City;
3) Two pages of hand-written notes from JWW (City Attorney Jayne W. Williams) to RWH (City Attorney Randy Hall) and former City Attorney employee Pat Smith on September 3,1999- SIX YEARS AFTER Smith was fired by the City;
4) Undated,one page hand-written note from JLW (City Attorney Janie L. Wong) to persons unknown;
5) Undated,one page hand-written note from former City Attorney employee Pat Smith SIX YEARS AFTER Smith was fired by the City to EFA (City Attorney Elizabeth Allen);
6) Two pages of undated,unaddressed,nondescript notes for placement into the City file.
For years al-Hakim has asked for answers to the illuminating question of “Where are the rest of Pat Smith’s alleged City case file notes allegedly taken contemporaneously during her two years of involvement from 1991-1993 in this case?”.
There was never any answer because there were no notes other than the two pages of notes (See two pages of notes under Exhibit C here is a complete copy of the Russo Williams Complaint with Exhibits) that were fabricated and planted into the City file after August 1999 by the Oakland City Attorney’s mentioned herein and at the behest of the defense attorney Stephan Barber.
Deputy defense-counsel Judge Jon Tigar had ruled in pre-trail conference that Pat Smith’s notes would be admitted as evidence despite the fact that he noted that Judge David Lee had ruled them inadmissible in the Rescue trial. This is inconsistent with his ruling of all the previous orders of other judges relative to this case,no matter how remote,would prevail in this case and remain in full effect as he ruled on them and cited the prior judges ruling. Perhaps more revealing is that ALL those orders that he ruled on with the alleged support of previous judges orders were ALL against al-Hakim’s interest. During pre-trial conference al-Hakim had stated to the court that the defendants could not and would not produce any of the witnesses from the Rescue trial and none would appear at this trial because they all were known to have committed perjury. During the trial Defense counsel Barber stated to the court that he had tried to locate Pat Smith at the City of San Francisco but she no longer worked there and requested of the court that Pat Smith be allowed to testify through her notes and the Rescue transcript. al-Hakim raised the issue that the defendants had not provided any proof of their efforts to locate and serve Smith and alleging that they merely tried to reach her at her former place of employment was not enough. Tigar stated that he had read the Rescue trial testimony and notes of Pat Smith and would allow the transcript and her notes to be admitted as evidence if there was agreement that she would not appear as a witness. There was never any agreement between the parties on her not appearing as a witness and though Tigar knew there was no such agreement,Tigar admitted her testimony and notes into evidence at trial on August 6,2008 while al-Hakim was absent attending a funeral for a second death during the trial. Jayne Williams,John Russo and Oakland City Attorney Was Aware At All Times Whom Had The Files And Why!!
This evidence proves that the Oakland City Attorney’s Office knew at all times that defendants CSAA,Ron Cook and defense counsel Stephan Barber had the case files,that they provided the case files to them,that Pat Smith’s notes were clearly constructed in fraud and planted in the case files by the Oakland City Attorney’s Jayne Williams,Randy Hall,Elizabeth Allen,Eliada Perez,Janie Wong,Anita Hong,and former Senior Investigator Pat Smith at the behest of defendants CSAA,Ron Cook,defense counsel Stephan Barber,and underlying defendants Rescue Rooter with their counsel William Jemmott and Bay Area Carpets with their counsel Todd Jones. al-Hakim has previously served several deposition and trial subpoenas on ALL the parties named above and they have all failed to appear every time.
Since Pat Smith was terminated from the al-Hakim v. City of Oakland case for lying,fraud,and presenting false evidence before it was settled in September 1993 and she was fired from Oakland City employment shortly thereafter in 1994,there is no logical reason for her to have had such close and alleged privileged contact,conversations,and the sending and receiving of documents between her and Oakland City Attorneys Jayne Williams,Randy Hall,Elizabeth Allen,Eliada Perez,Janie Wong,Anita Hong in August 1999- SIX YEARS AFTER she was fired by the City of Oakland. As she said at the Rescue trial while being examined by Rescue defense counsel William Jemmott under oath she “required her notes to respond to questions” because she could not remember what lies she had to testify to without them. The notes she previously alleged to have “created those notes at or near the time of the event as part of her claims file” is simply untrue. Her notes and testimony is why the defendants could not and would not ever produce her for testimony at trial and Oakland City Attorneys John Russo,Jayne Williams,Randy Hall,Elizabeth Allen,Eliada Perez,Janie Wong,Anita Hong could not and would not ever appear for testimony at deposition or trial in this or the underlying case.
Jayne W. Williams and Meyers Nave
Retired Judges Lee,Michael Ballachey,and Richard Hodge,though they live in three different counties,all coincidentally hired the same Oakland defense firm,Meyers Nave,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. (See July 26,2006 letter from Kim Colwell under Exhibit B here is a complete copy of the Russo Williams Complaint with Exhibits)
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:
CLIENT LIST &REFERENCES;LIST OF (SELECTED) CLIENTS
City of Alameda,County of Alameda,City of Benicia,Benecia Housing authority,City of Capitola,City of Clover-dale,City of Concord,Contra Costa County,City of Daly City,City of Dixon,City of Dublin,City of El Cerrito,El Dorado County,City of Fairfield,City of Ferment,City of Glendale,City of Hayward,City of Livermore,Los Altos Hills,City of Los Gatos,Mendocino County Community Development Center,Menlo Park Fire Protection District,City of Milpitas,Novato Sanitary District,City of Oakland,County of Orange,City of Palo Alto,City of Patella,City of Pinole,City of Richmond,City and County of San Francisco,City of San Leonard,City of San Ramon,Santa Clara County Fire District,City of Santa Clara,County of Sonoma,City of Stockton,City of Tracy,City of Union City,City of Walnut Creek,City of West Covina.
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.
Judge Frank Roesch Corruption Leads to Unjust Enrichment as “Our Trash is His CASH!”
In his ruling,Roesch ignored his conflict of having an interest in a garbage company,said,“It is because of that evidence in the record and the unanimity of the uncertainty whether paper bags are less (or more) environmentally friendly than plastic bags that the city cannot assert that there is ‘no possibility’ of any significant environmental effect caused by the ban.”
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.”
“Uuuuuh a CaCa Roesch is in The Garbage!!!”
Recently Oakland and other parts of the East Bay area wallowed in its own filth with a month’s worth of garbage piling up in the streets from the recent garbage lockout/strike. We know that garbage strikes can be nasty;it was in a garbage strike dispute that Martin Luther King was killed.
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.
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.
The many other new claims including abuse of discretion,gross misconduct,conduct prejudicial,gross negligence,bias,the subornation and solicitation of perjurious testimony charges are inextricably intertwined with the truthful testimony and conduct of the named Judges Lee,Hodge and Ballachey;Defendant’s and their attorneys,agents,witnesses and experts;CSAA and their attorneys,agents,witnesses and experts;Ron Cook and Willoughby Stuart &Bening and their attorneys,agents,witnesses and experts;and the City of Oakland Attorneys’ office,suggest that all documents,notes,meetings and conversations with and of the respective judges,witnesses,experts,defendants and counsels are admissible as to these charges for which there is no impunity.
Perhaps the single most important reason why Victoria Henley,former Presiding Alameda County Superior Court Judge Yolanda Northridge,Presiding Alameda County Superior Court Judge Jon Rolefson and Ronald George,heads of the disciplinary bodies responsible for taking corrective action in this case,has been so derelict in doing so,is because they are inextricably placed in the legal paradox where every judge,court administrator,attorney,law firm,defendant and their agents having been involved in committing these crimes,opens the way to legally setting aside every case they were ever involved with and potentially being reversed at an untold cost of money,integrity and irreparable loss of public confidence in the legal system.
You can read and/or download the Complaint and the exhibits here if you choose.
