I thought I had sat on this too long, but today’s decision by the San Bernardino County Board of Supervisors to appeal the attorneys fees judgment makes this relevant again. What you read below is what was sent to me anonymously. Here it is:
DDA Grover Merritt was elected president of SBCPAA in November 2006. DA Sharon Caldwell was then the senior labor representative. (Neither one is a shrinking violet, and Mr. Merritt, as you know, has a special appreciation of the County civil service process.)
Merritt tried to set up a system of authorized labor representatives from the Public Defender’s Office. Doreen Boxer tried to rid her office of various people she deemed unacceptable to her way of things. She put various DPDs on administrative leave after they were escorted out of the building under armed guard. Some were processed through the administrative system; some simply twisted in the wind on leave while Boxer and her henchman investigator Martin Dante tried to create a case against them, and then were brought back as though nothing had happened.
During one of these investigations, Sharon Caldwell was appointed as the DPD’s labor rep. Boxer and Ferguson objected and summoned an unprepared Suzy Isreal, also a DPD and then an authorized labor rep, and demanded that she represent the subject of the investigation. The subject upset Boxer somehow and Boxer screamed at him at various points. Isreal, feeling unprepared, quit as a labor rep on the spot. The other PDO labor rep, DPD Randy Isaeff, was then summoned. He too quit on the spot.
That particular investigation went away without the employee being disciplined.
Another DPD was caught misusing their credentials to talk to their felon friend at the County Jail. Caldwell attempted to rep that person because no DPD volunteered to be a labor rep after the Boxer-Ferguson-Israel story circulated through the office. Ferguson snottily invited her to leave an interview session, claiming that sensitive PD matters would necessarily be discussed.
A pattern emerged. Merritt would appoint Caldwell to rep DPDs, Ferguson and/or Boxer would throw a fit over it, and the union would pay a lawyer to rep the DPD.
The SBCPAA filed suit in the Public Employees Relations Board over this issue. Testimony was taken. APD Lauri Ferguson’s testimony that no DDA could possibly represent a DPD because sensitive PD materials would always be involved was rejected as “uncredible.”
On the eve of additional PERB testimony in February 2009, and while a month long multiple count robbery trial was taking place, Boxer and Ferguson felt the need to summon the DPD trying the case to interrogate him over sloppy file keeping. (Caldwell was prosecuting the robbery case.) Merritt initially told Boxer that Caldwell would rep the DPD, knowing full well that Boxer and Ferguson would not allow it. Instead, the lawyer for SBCPAA was sent in for the interview. Ferguson decided that the lawyer for SBCPAA could not rep the DPD because the union was paying her despite the lawyer’s presence at previous DPD admin interviews. This DPD was interrogated for four hours on a Friday night without any labor representation.
Public Defender upper management then filed motions to remove Caldwell from the robbery case, to remove their own DPD, for a mistrial, and other things. Superior Court Judge Michael Smith rejected all their motions, saying the PDO upper management had filed the motions merely to get additional evidence for the labor action that was was taking testimony the following week.
In the meantime, in about April 2009, Boxer talked County Counsel into filing an injunction action against SBCPAA to preclude SBCPAA from sending in DDAs to represent DPDs and into hiring a Beverly Hills lawyer, to assist the deputy county counsel already assigned to the matter. They filed a 40 pound civil complaint.
Judge Warner summarily dismissed the County’s injunction complaint in December 2009.
In June 2010, the SBCPAA filed a motion in superior court seeking approximately $80,000 in attorney’s fees. That motion will be heard in late July 2010.
A decision in the PERB action has been pending since last October.
As we now know, on July 27, 2010, Judge Michael S. Mink awarded SBCPAA more than $51,000 in attorneys fees and costs. Today the San Bernardino County Board of Supervisors voted to appeal that decision to the Fourth District Court of Appeal.
Also sent to me separately is the transcript the hearing in People v. Anthony Esparza Garcia, FSB704382 on April 15, 2010, that includes Judge Michael A. Smith’s ruling on Doreen Boxer’s motion for a new trial, etc., referenced above. Here is a quote from the transcript:
So, from all of the evidence presented, I’m satisfied that there is no conflict; that Mr. Drew acted in a manner expected of a competent and zealous and diligent advocate for the defendant.
I do agree with Ms. Caldwell’s analysis that the circumstances that created the argument for a conflict were created by the Public Defender’s Office Administration. And that it was done so for the specific purpose of creating the appearance of a conflict, for the purpose of having additional evidence for their labor hearing.
Nevertheless, having done that, if having done that adversely affected the representation of Mr. Garcia, I would still have no hesitation in granting the motion for a new trial at this point.
Because, regardless of how it would have come about, if the representation of Mr. Garcia, was adversely affected in that he did not have a competent and a zealous and a diligent advocate, regardless of how that occurred, he would be entitled to a new trial with a new lawyer and I would have no hesitation in granting the motion, if that were the case. But, as explained, I’m satisfied that that is not the case.
So, for all of those reasons, the motion for new trial is denied.
We all knew that Ferguson was a Natural Born Killer but no one knew Boxer was this bad.Just shows what a blow job will get ya.
I have always had great respect for Sharon Caldwell. I know she does not relent to the political powers to be. SHE is a true Texan.
A prudent and awesome decision rendered by Judge Mink.
I hope Abernathie and Eagleson read what this judge says about the client getting GOOD representation.
Excellent posting!!!! And if the BOS had this information available to them and still decided to appeal the awarding of attorney fees, then they are dumber than I thought.
All four, less Ovitt, had that deer in the headlights look. Rock on Sharon.
Why are these three lawyers still on the payroll? It is shameful that the BOS would sanction this action which is so clearly wrong.San Bernardino County is living up to its reputation.
Good going to Ms. Caldwell for exposing and Judge Smith for ruling that Boxer and Ferguson are low lifes that will lie and cheat and file frivolous motions and lawsuits to achieve their goal of firing all the good trial attorneys from the PD’s Office. Ferguson and Boxer must go. They have destroyed the Public Defenders Office and we need a new administration that will rebuild it.
Boxer and Ferguson have made our office into the laughing stock you see today. Clients are certainly not benefitting from their incompetent management of the office. Again, one of the many reasons why these two need the boot, and fast.
Brucie,
You won’t get any satisfaction working for the PD in San Bernardino. Scared PD is right, The office has been destroyed. The spirit has gone out of the office thanks to Ferguson and Boxer. We are all in the Gulag, forced to live in Ferguson/Boxer world of mediocrity. I shudder at thought of those two, falsely holding themselves out as Public Defenders. I laugh when I read that Doreen wrote a book with Menaster. He wrote it, he thought it out and we all know what she did. How can they hold their heads up high when they have destroyed the morale of a once fine office. We are all on the time clock, Ferguson’s world view is the man in the gray flannel suit. I wonder what her parents did to her to make her so mean.My goal is to get out as soon as I can and the rest of you left standing should head for hills. Family law isn’t so bad.
With all of the direct confrontation to Neil Dery in the past week, what is your responce Neil? If you are prohibited from commenting on an ongoing legal action involving the county, take the question as rhetorical.
This was a good decision and the blatant support of two hacks by three of the BOS (well two but I guess I have to consider Josie for arguments sake) is all the more baffling. Granted, Sharon had too much time devoted to the DPD’s and that caused friction that dues were unfairly used to represent one 1/2 of a unit, but I guess DPD’s are people too.
Bruce’s letter failed to mention another way clients are hurt. We are all under pressure to try cases. No problem with that when it is appropriate. Most of us feel we have to get our stats up or face reprisals. One guy in the San Bernardino actually beat the offer but most clients have doubled their time because
we feel we have to try cases. The Supervisors track our trial stats. We are all afraid of getting walked out the door like they did to the guy in San Bernardino. Many times the offer is too good to turn down but you get criticized if you take it. I shudder when a cient says he wants a Mardsen. If I get taken off a case because a meth head wants out, I’m the one in trouble. There is no way an attorney can appease a meth addict and there are a lot of them. I hope for a change in management sooner rather than later.
Mick and Scared #2, I agree with you fully. The rediculousness of Ferguson astounds even me, and I always try to give everyone the benefit of the doubt. As for you Unwilling, while I understand your gripe, we certainly are people and while you may disagree that being a criminal defense attorney is a noble profession, we are professionals and deserve to be treated as such. Sharon Caldwell has done a phenomenal job protecting us and our interests. God forbid that the D.A. management turn against their deputies, they can take heart that they already have a champion in the building. For now, fortunately, that is not the case. As for the Public Defender’s office, it is a mere shadow of it’s former self, “decimated,” as Boxer once put it, and she has only herself and Ferguson to blame.
Bruce, many of you are just doing your job, but as on the other side of the bar there exist %5′ers, your office is replete with more than your fair share. Advocating for your client is one thing, but slimy trial antics are another. I was totally for your office cleaning up the flotsam. Love to see the facts revealed for all to see.
I had a nightmare last night. I dreamt that I escaped from the Public Defender’s Office but they kept extraditing me back.
Somebody please wake me up.
It use to be fun, we worked hard, had good Admin who supported rather than witch hunted their attorneys.
In July, investigative tech positions were eliminated to “balance” the PD’s budget. Those individuals performed a great deal of the work needed to competently represent the clients. Now the office is recruiting for Public Defender Investigators who earn 3 times the salary of the techs. Hello?
To Cereal Mom:
It is about empire building by Dante, Doreen’s buddy from Orange County. Our Administrators have lied to everyone once again. To those of us who still care about criminal defense, this is an outrage.
When Ferguson and Boxer leave, they will leave a legacy of mediocrity. i keep hearing that these two “women” are going to be replaced and it cannot happen soon enough. It is clear to me that Ferguson wants to clear out the Deputy IVs only to replace them with Deputy I who are cheaper. WHen those individuals get to the end of probation, they will be terminated. The pattern is already there.
Cerealmom55, Yes the Tech’s did do a great deal of work and they are sorely missed. The investigators have had to pick up where they left off. As if investigations isn’t busy and overburdend enough all ready. Especially when their time is used up chasing unicorns, creating smoke screens and protecting bar cards. Believe me when I say investigators earn every dime of their salaries which is about half of what DA Investigators make with the same experience. Don’t get me wrong, there are bad apples in every bunch but it seems like PD Investigators get a bad rap sometimes. Rightfully to “competently represent the clients” Doreen should hire 9 more investigators. Not only would the remaining stressed out and overworked investigators benefit but the client’s/ defendant’s and attorneys would as well. That’s all I’m gonna saying about that.