I’m working on a project right now with a tight deadline. I don’t have time to deal with much until it is done. Tim Prince sent me this press release last night. I know many of you are following the case. I thought I would repost the press release as is for those who want to read it. I’m sure The Sun will have a full story later tonight.
FOR IMMEDIATE RELEASE
Thursday, November 12, 2015, San Bernardino, CA
$20 Million Civil Rights Lawsuit against San Bernardino County results in
Computer with 30-gig of Alleged Child Porn being Returned to its Owner INTACT
San Bernardino, California
A $20 million civil rights lawsuit in a Federal Court against the County of San Bernardino has resulted in an unprecedented ruling to return a seized computer allegedly containing 30-gig of child pornography without any files being erased.
After a 3½ year felony criminal prosecution, the plaintiff in the Los Angeles Federal Court lawsuit, Samuel Clauder, was completely exonerated on December 7, 2012, with a “finding of factual innocence.”
Absent the success of a last-minute threat by County Counsel to overturn the ruling tomorrow before Judge R. Glenn Yabuno, who ordered the release, Clauder will appear with his attorneys this Friday, November 13, at 3:00 p.m. at the San Bernardino County Sheriff’s Headquarters, 655 East Third Street, San Bernardino, California, to recover all the property seized from his home which was used as evidence in the criminal case.
A brief press conference will be conducted by Clauder and his attorneys outside the building right after Clauder walks out with his property.
In March, 2009, while working as a Congressional Representative staffer for United States Congressman Joe Baca (D-San Bernardino), Clauder was charged with felony possession of child pornography by San Bernardino County District Attorney Michael Ramos (R-Redlands).
Clauder lost his congressional staffer job, became a national scandal and social pariah unfit for employment, suffered three nervous breakdowns, went homeless and destitute and lived on the streets, fled death threats, and, after returning from exile to fight for his innocence, was tricked by a San Bernardino judge into spending 50 days in county jail.
After being told in 2013 he could pick up his property at any time, Clauder went into the Sheriff’s Office to do so and was told because of his lawsuit he would need a court order releasing it to him. One hour later Clauder’s attorneys received an email from the county stating the computer’s hard drive would be completely erased before releasing it to him.
The following day, during a deposition of Clauder by the San Bernardino County Counsel, Clauder’s civil rights attorney, Timothy Prince, demanded the county not erase anything on the computer because it contains key evidence supporting Clauder’s lawsuit and because it was never proved in court that the computer contained anything illegal.
Last Friday, November 7, 2015, Clauder and three of his attorneys appeared before Judge Yabuno with a motion to unseal the criminal case for use in ongoing litigation, and to require the County Sheriff to release the computer to Clauder without erasing anything from its hard drive. Clauder was represented at the hearing by Prince, his former criminal attorney Rajan Maline, and his current divorce attorney Donald Haslam.
Yabuno issued the unprecedented ruling in Clauder’s favor, unsealing his criminal records in the felony child porn case to be used only in his two lawsuits and divorce, and ordering the computer be returned to Clauder intact without anything having been erased from the hard drive.
Clauder has a separate constitutional lawsuit pending in state court to revoke the immunity from prosecution which prosecutors have when they break the law. Sacramento appellate attorney Steven Sanders represents Clauder in the constitutional case.