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Part 1 of 2: Former Antioch cop’s attorney files motion to dismiss, claims Protected Whistle Blower activities in sexting scandal

November 13, 2024 By Publisher 1 Comment

Former Antioch Police Officer Devon Wenger is being prosecuted by the U.S. Attorney’s Office Northern District of California. Herald file photo

Alleges prosecutorial misconduct, claims retaliation; says evidence used was unlawfully obtained, information withheld from defense; separate matter from and not involved in racist text scandal

Devon Wenger, who was not terminated but resigned, faces charges of attempted civil rights violations, illegal use of force, conspiracy to distribute and possession with intent to distribute anabolic steroids

“There’s a lot there that is political.” – Attorney Nicole Castronovo

Oakland, CA – A former Antioch Police officer who spoke out against sexually explicit group texts among department members is fighting back against a malicious prosecution which has made him the scandal’s scapegoat as punishment for blowing the whistle.

Former Officer Devon Christopher Wenger of the Antioch Police Department, who resigned from the force on June 5, 2023, and is embroiled in a high-profile case stemming from the department’s texting scandal, filed a motion to dismiss the charges against him which have been grossly exaggerated as retribution.

The motion to dismiss was filed Monday, Nov. 4, 2024, by Wenger’s attorney, Nicole Castronovo, and argues evidence used against Wenger was unlawfully obtained, undermining his right to a fair trial. Castronovo further alleges prosecutors improperly withheld key exculpatory information from the defense.

“The manner in which this investigation was conducted shows a blatant disregard for Wenger’s constitutional rights,” Castronovo said. “We have uncovered that evidence has been manipulated, critical facts have been omitted and exculpatory material has been ignored. This entire case is being levied against my client as a vicious act of retribution and is a gross misuse of the criminal justice system.”

Along with other Antioch officers, Wenger was arrested on Thursday, August 17, 2023, and prosecuted as a result of the investigations by the FBI and the Office of the Contra Costa County District Attorney. He was originally charged with 21 U.S.C. §§ 846, 841(a)(1), and (b)(1)(E)(i) Conspiracy to Distribute and Possess with Intent to Distribute Anabolic Steroids; 18 U.S.C. § 1519 Destruction, Alteration, and Falsification of Records in Federal Investigations and 18 U.S.C. §§ 241 Conspiracy Against Rights, 242 Deprivation of Rights Under Color of Law. (See related articles here, here and here)

However, Castronovo said Wenger is facing only three charges, “conspiracy to commit civil rights violations based solely on the text messages and with illegal use of force, for using what’s called a 40,” which is a non-lethal weapon. “He did so at the command of his sergeant, and it was within policy. So, they charged him for something found to be within policy,” she added. Wenger is also facing the steroid charges in a separate case in which he’s represented by a different attorney.

Regarding his claim of having whistleblower status Castronovo said, “He was a whistle blower on all kinds of things. His lieutenant had an affair with Wenger’s girlfriend. There’s a lot there that is political. He didn’t send any of the racist text messages. He also blew the whistle on a sexting scandal.”

Recently filed court documents uncovered a prior FBI investigation into the Antioch Police Department during which evidence was mishandled and not appropriately sealed. That evidence, in an unrelated, State-level case, is now potentially being used by federal prosecutors against Wenger.

Key to Wenger’s claims of misconduct include a declaration highlighting the testimony of Larry Wallace, who served as a high-ranking law enforcement advisor under Vice President Kamala Harris during her tenure as California Attorney General. Wallace resigned after being sued for sexual harassment and now works as an investigator in the Contra Costa DA’s Office.

Federal prosecutors failed to mention Wallace was part of a joint operation with the FBI starting in November 2021. The government also did not disclose the FBI’s simultaneous seizure of Wenger’s phone in the unrelated state-level investigation.

In a testimony given on October 25, 2024, Wallace admitted he illegally mishandled sensitive data and failed to seal private information during his involvement in the FBI investigation of the Antioch Police Department in 2021. The mishandling of that evidence resulted in the unauthorized use of Wenger’s personal communications and violated his legal right to privacy. It also violated the stringent rules of CalECPA (California Electronic Communications Privacy Act).

In addition, the Herald later broke the news on Aug. 17, 2023, that Wallace also failed to properly redact officers’ names, cell phone numbers and alleged crimes in a report released to the media. Exclusive: Contra Costa DA’s Office under fire for releasing report revealing phone numbers of Antioch cops in text scandal, names of Antioch, Pittsburg cops, alleged crimes in FBI investigation | Contra Costa Herald

Exclusive: Contra Costa DA’s Office under fire for releasing report revealing phone numbers of Antioch Police Officers in text scandal, names of Antioch, Pittsburg officers, alleged crimes in FBI investigation | Antioch Herald

The chain of evidence log demonstrates that the FBI seized Wenger’s phone on March 28, 2022, well before federal warrants were signed authorizing the seizure of evidence in this current case and raise significant questions about the legality of the evidence and the government’s representations to the Court.

Federal prosecutors also misrepresented to the Court the number of search warrants in existence, referring to only two warrants in their moving papers (dated May and July of 2023), which postdate Wallace’s defective state warrants in the earlier FBI investigation.

These misrepresentations are critical, as the defense contends that the Independent Source Doctrine, invoked by the government to justify the evidence, cannot apply under such circumstances, where an investigation since its inception has been a joint task force between state and local agencies.

Castronovo also questions the independence of the investigation, arguing that federal prosecutors heavily relied on data from state-level investigations, which violated the Independent Source Doctrine.

“We are determined to see that justice prevails,” Castronovo emphasized. “Officer Wenger is entitled to a fair trial, free from unlawful manipulation and misconduct by those in power.”

APOA Attorney Submits Declaration About Wallace in Support of Wenger

Michael Rains, the attorney for the Antioch Police Officers Association, whose firm has been representing more than a dozen officers caught up in the investigations, submitted a Declaration in Support of Wenger’s Motion to Dismiss “based upon prosecutorial misconduct and ineffective assistance of counsel, in the alternative defendant requests a change of venue.” In his declaration, the APOA attorney wrote of his cross-examination of Wallace in another case in which Rains was defending an Antioch Police Officer. He wrote, “According to California Penal Code Section 1546.1, also known as CalECPA, it is a legal requirement to seal any information obtained through the execution of a search warrant that is unrelated to the objective of the warrant. Any such sealed information should not be subject to further review, use, or disclosure except pursuant to a court order or to comply with discovery as required by Sections 1054.1 of the Penal Code.

“When I questioned Wallace at arbitration as to whether he had complied with the requirements of CalECPA he admitted that (1) he neither sealed the information nor (2) did he seek any further order from the court to use the information for any other purpose. From my involvement in discipline cases involving several Antioch officers, I know the text messages relied upon by the City of Antioch to terminate officers, did not result from a Court Order authorizing such use,” the APOA attorney’s declaration further states.

Rains also wrote, “Wallace admitted in his testimony that he ha last received training on search warrants in 2004, and never received any training concerning CalECPA, which became law in 2021, as it pertains to writing search warrants.”

“Wallace testified that in November 2021, he received an anonymous postcard from the Pittsburg Police Department as well as information from the Federal Bureau of Investigation (FBI) regarding steroid use amongst Antioch Police Officers and Pittsburg police officers and a joint investigation was launched by the FBI and the Contra Costa County DA’s office,” the declaration states. “It was communicated to Wallace that the Chief of Pittsburg Police Department gave the post card to Chief of Inspectors Arnold Threets, who then assigned the investigation to Wallace. ‘Almost simultaneously’, upon receipt of the postcard Wallace was visited by FBI Agent Thuy Zobach regarding issues in the wiretap room concerning Officer Timothy Manly Williams of the Antioch Police Department. Notably the postcard never mentioned Devon Wenger…by name.”

Asked if one of the 8 cell phones seized by Wallace was Wenger’s personal cell. Castronovo said it was. According to Rains’ declaration, the phones were seized by Wallace in 2022, after he prepared the state warrant on March 22nd that year. Wallace turned it over to the FBI on March 28th. But I have a receipt for property on April 11, 2022, that includes Wenger’s phone, which is when they gave it back to Wallace,” Castronovo shared. “So, they probably dumped it during those two weeks. But the FBI didn’t issue a warrant for it until the following year.”

The judge in the hearing for Castronovo’s motion to suppress the evidence from the phone, “chose to listen to the FBI. He’s a former Assistant U.S. Attorney,” she explained. “The federal prosecutors just called it moot and said they wouldn’t use the evidence, which was really fishy, to me.”

“What’s interesting in their moving papers they said there were only three search warrants,” which would have only covered three phones, Castronovo shared. “But in the FBI’s search warrant it shows there were eight,” for the eight phones.

Rains Also Exploring Legal Options, Damages to Officers for Wallace’s Release of Information

As previously reported about the release of information by Wallace, Rains said, “I am exploring legal options including a possible lawsuit related to our grave concerns about the way in which this report was ordered released by the court to begin with, when I was supposed to be given the opportunity on behalf of the officers to seek a protective order.”

“Plus, the release by the DA’s Office when they told me, the judge told me to tell Chief Assistant DA Simon O’Connell to not release the report until I had the opportunity to be heard,” he continued. “We tried to set up dates with the defense attorneys on Monday, after the morning appearance I made. Then I received an email from O’Connell on Tuesday that the judge ordered the report released. I feel betrayed by both the judge and by the DA’s Office.”

“I’m exploring the damages done to the officers due to the actions by the DA’s Office,” Rains added.

DA’s Office Will Not Comment

Wallace and the Contra Costa DA’s Office were asked for comment regarding the claims about his testimony in Wenger’s case. The DA’s spokesman, Ted Asregadoo, responded, “We will not comment on an active federal prosecution in which the Contra Costa District Attorney’s Office was involved or address the inaccuracies in the press release you shared. However, we want to clarify that Larry Wallace, an employee of our office, acted in compliance with a court order to release information to defense attorneys in a March 2021 murder case in the City of Antioch.”

Wenger’s Next Hearing Possibly Dec. 10

The next hearing for Wenger is tentatively scheduled for December 10, 2024, at the United States District Court for the Northern District of California, where these and other issues raised by the defense’s motion to dismiss will be addressed.

Allen D. Payton contributed to this report.

Filed Under: Crime, District Attorney, DOJ, East County, FBI, News, Police, U S Attorney

California State Parks Foundation celebrates passage of Proposition 4

November 7, 2024 By Publisher Leave a Comment

Sources: Yes on 4 campaign, CA Secretary of State

SACRAMENTO, CA – On Wednesday, Nov. 6, 2024, the California State Parks Foundation released the following statement reacting to the passage of Proposition 4 –The Safe Drinking Water, Wildfire Prevention, Drought Preparedness, and Clean Air Bond Act of 2024. The passage of Prop 4 authorizes up to $10 billion in bonds to help the state become more climate resilient. The investments in state parks will include $175 million in deferred maintenance, $50 million in sea level rise adaptation projects, and $200 million to build parks and recreational facilities in local communities.

“While there are many votes still left to count, we are optimistic that voters passed Prop 4 by a wide margin,” saidRachel Norton, Executive Director of California State Parks Foundation. “We thank California voters for choosing to supply California’s state park system with desperately needed resources to make our state parks more resilient to extreme weather, sea level rise, wildfires, and other impacts driven by climate change. These funds will also update state park infrastructure, help California acquire new parklands, and create recreation opportunities in local communities.

“As California’s economic fortunes have changed the past few years, and budget surpluses became budget deficits, state parks have faced steep cuts. The passage of Prop 4 is an important step in reversing the budget reductions that cut the deepest.”

ABOUT CALIFORNIA STATE PARKS FOUNDATION

California State Parks Foundation, an independent, member-supported nonprofit with over 50 years of history, is dedicated to protecting and preserving the California state park system for the benefit of all. We work in parks and in Sacramento with partners, park staff, and policymakers to address the challenges parks face. To make real and lasting change we are working to build a movement of people who enjoy and advocate for their parks now, and for future generations. Learn more at www.calparks.org, or find California State Parks Foundation on Facebook, or Instagram and Twitter/X (@calparks).

Filed Under: News, Non-Profits, Parks, Politics & Elections, State of California

UPDATE: 191,700 ballots remaining to be counted in Contra Costa County

November 7, 2024 By Publisher Leave a Comment

Source: Herald file photo.

11/7/24 UPDATE: As of 12:43 p.m. the County Elections office claims 191,700 unprocessed ballots remaining to be counted

As of Wednesday; no breakdowns by city

By Allen D. Payton According to Dawn Kruger, Media Outreach Coordinator for the Elections Division of the Contra Costa County Clerk-Recorder’s Office, as of Wednesday morning there were still as many as 90,000 ballots remaining to be counted in the county. “We had tallied 291,000 ballots as of Election Day. All the ballots received at the polling places, those were counted on Election Night, except for the Vote By Mail ballots submitted in their sealed envelopes at polling places,” she stated. Those are part of “the upwards of 90,000 ballots we received included from Drop Boxes which were picked up last on Tuesday afternoon. Those still have to be processed with signature verification, then extraction, then tally,” Kruger explained. Asked about the additional ballots from the Drop Boxes she said, “The boxes were locked at 8:00 p.m. and the ballots were picked up the following morning.” “We expect to add all those ballots to the results on Friday’s update,” Kruger stated. “But we continue to receive ballots placed in the mail on Election Day which can be received up to seven days following, which is Tuesday, the 12th. “We’ll have a better understanding this afternoon.” Kruger added. “By tomorrow afternoon at end of the day, we’ll have more of an exact count up on our website.” She also shared they do not have a breakdown by city of remaining ballots to be counted. 11/7/24 UPDATE: Estimated Number of Unprocessed Ballots in County According to the Contra Costa Elections office, the estimated number of unprocessed ballots as of 12:43 p.m. on Thursday, total 191,700: Ballots voted at a voting location – 200 Vote-by-mail ballots received on or before Election Day – 170,000 Vote-by-mail ballots received after Election Day – 6,500 Provisional ballots – 6,000 Conditional Voter Registration Provisional ballots – 6,000 Other (In Review, Damaged) – 3,000 Total – 191,700. That’s over 101,000 more ballots than the estimated unprocessed ballots figure provided earlier in the day. The next results update is expected at 4:00 p.m. on Friday, Nov. 8. The Elections office has 28 days to certify the election.

Filed Under: News, Politics & Elections

Contra Costa County Library launches pilot program for Self-Service Sundays

November 5, 2024 By Publisher Leave a Comment

Beginning Dec. 1

By Brooke Converse, PIO, Contra Costa County Library

The Contra Costa County Library is piloting a new program designed to give patrons access to the Concord Library on Sundays when the branch is normally closed. Patrons who sign up for the service in advance will be able to enter the Concord Library between 12 p.m. and 4 p.m. on Sundays beginning December 1. There will not be any staff on site, but two security guards will be present to ensure that only patrons who have signed up for the service are entering the library.

Patrons can browse the collection and check out books, return items, pick up holds, connect to Wi-Fi, and use the space for studying or reading.

“We know our patrons would like the libraries to be open more and especially on Sundays,” said County Librarian Alison McKee. “We don’t have the budget to staff the libraries on Sundays, but this pilot offers an alternative solution that, if successful, could expand to other branches in the future.”

“The Library is such an important resource in our communities,” said District IV Supervisor Ken Carlson. “Having self-service hours on Sundays will give more people the opportunity to use libraries more often.”

To sign up for the service, patrons must have a library card in good standing, a valid ID, attend an in-person orientation, and sign the user agreement. Approved patrons will scan their library card at the door and use a unique PIN code to enter.

The Library will assess the pilot program after six months and consider expansion.

“We are very excited to have a pilot program on Sundays that rewards our residents with self-service, which goes with our spirit of being in concordance with one another to build a community with trust and cooperation,” said Concord Mayor Edi Birsan.

Services not available will include computers, printing, scanning, and photocopying, restrooms, LINK+ pickups, and returns, use of the community meeting room, and the Friends bookstore.

The first open Sunday will be December 1, but patrons must sign up for the service in advance. Sign-ups are available now. To get started visit, ccclib.org/self-service-sundays.

Filed Under: Library, News

After a severe accident CHP rescues climber on Mount Diablo

November 4, 2024 By Publisher Leave a Comment

A CHP Golden Gate Air Operations helicopter rescues climber on Mount Diablo on Saturday, Oct. 26, 2024. Sources: CHP video screenshots

By CHP Media Relations

RESCUE: Saturday afternoon, Oct. 26, 2024, H-30 and Reach 32 were requested to the Rock City area of Mount Diablo for a climber who had fallen and suffered major injuries. H-30 inserted a San Ramon Valley Fire HRT member who packaged and prepared the patient for hoist / transport. H-30 hoisted the patient from the scene and handed off patient care to Reach 32.

Reach then transported the patient to John Muir Hospital where they are being treated for their injuries. (See video on Facebook or Instagram).

@chpgoldengateairoperations is thankful for our relationships with our allied agency partners. #AirRescue #helicopter #aviation #aircraft #rescue #flying #bayarea #h125 #chp #golden-gate #california #highway #highwaypatrol #cliffrescue #SAR #hoistrescue #helicopterrescue #airbornelawenforcement #searchandrescue #firstresponder #lifeflight #paramedic #ems #mountainrescue #aviationdaily #medevac #pilotlife #rotorcraft #instahelicopter #hoistoperatorsunion.

Filed Under: CHP, News, Recreation, San Ramon Valley

Senator Padilla welcomes National Semiconductor Technology Center headquarters to California

November 4, 2024 By Publisher Leave a Comment

Credit: CHIPS for America

In Sunnyvale

WASHINGTON, D.C. — On Friday, Nov. 2, 2024, U.S. Senator Alex Padilla (D-Calif.) issued the following statement after the Department of Commerce announced that the CHIPS for America Design and Collaboration Facility (DCF), the official headquarters of the National Semiconductor Technology Center (NSTC), will be established in California. Earlier this year, Padilla led the entire California Democratic delegation in urging Secretary of Commerce Gina Raimondo to establish the NSTC headquarters in California.

The DCF in Sunnyvale, California, will be a colocation of the NSTC headquarters and the flagship design hub from where all NSTC R&D work will be coordinated. The headquarters will serve as a site to host NSTC member and semiconductor ecosystem convenings, NSTC programmatic activities, the Workforce Center of Excellence, the future investment fund, and more. The national design facility will include the NSTC Design Enablement Gateway and an institution for design research focused on chip design, electronic design automation, hardware security, and chip system architecture.

“California is the clear choice to lead NSTC’s semiconductor innovation and R&D. Our state has built a world-class innovation economy and has been at the forefront of the semiconductor industry for decades. We are uniquely positioned to leverage our R&D, manufacturing capacity, and end-users to drive this industry forward.

“Establishing the NSTC headquarters in California will capitalize on our state’s unparalleled assets to grow a highly skilled workforce and develop next-generation advancements. I am confident that this CHIPS Act funding will propel emerging technologies and protect America’s global semiconductor leadership, all while bringing good-paying jobs to our state.”

Santa Clara County alone holds 20 percent of all semiconductor utility patents granted in the last decade, and California is home to more semiconductor R&D, design, intellectual property (IP), and electronic design automation (EDA) firms than Texas, New York, and Oregon combined – with over 175 companies operating out of Silicon Valley. The design facility is one of three planned major NSTC centers. The Department of Commerce recently announced the Extreme Ultraviolet (EUV) Accelerator in New York, and said a Prototyping and NAPMP Advanced Packaging Piloting Facility is still forthcoming.

In April, Padilla, Senator Laphonza Butler (D-Calif.), Representative Zoe Lofgren (D-Calif.-18), and Representative Doris Matsui (D-Calif.-07) led the entire California Democratic delegation in urging Secretary of Commerce Gina Raimondo to establish the NSTC headquarters in California. The letter came after Padilla and Governor Gavin Newsom issued a statement rebuking the CHIPS Program Office’s (CPO) cancellation of the third CHIPS Act Notice of Funding Opportunity (NOFO) for advanced commercial research and development facilities in the United States.

In 2022, Senator Padilla and Senator Reverend Raphael Warnock (D-Ga.) sent a letter urging Senate leadership to support provisions in the final version of the United States Innovation and Competition Act that would require semiconductor companies receiving federal assistance for research, design, and manufacturing to invest in a more diverse workforce and improve procurement from minority-, veteran-, and women-owned businesses. Padilla and Warnock applauded the passage of one of these provisions through the Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America Act later that year.

To view the release online, click here.

 

Filed Under: Bay Area, Jobs & Economic Development, News, Technology

CHP receives $2 million federal grant to crack down on dangerous sideshows, street racing in state

November 3, 2024 By Publisher Leave a Comment

Sideshow in Antioch on May 29, 2021. Source: Antioch Police drone video screenshot

Helps fund the STREET III – Sideshow, Takeover, Racing, Education, and Enforcement Taskforce

By CHP Media Relations

SACRAMENTO, Calif. – The California Highway Patrol (CHP) received $2 million in federal funding that will expand its major crackdown on dangerous sideshows and street racing statewide, holding participants and organizers accountable for reckless driving behaviors.

Federal funding for the Sideshow, Takeover, Racing, Education, and Enforcement Taskforce (STREET III) grant comes after the CHP received $5.5 million in state funding to combat illegal street racing and sideshow activities, resulting in a 40% decrease in illegal sideshow incidents from 2021 to 2022. The STREET III grant aims to reduce the number of fatal and injury traffic crashes attributed to reckless driving, street racing, and sideshows. The CHP will implement a public awareness campaign to tackle these unlawful activities and conduct specialized enforcement operations such as excessive speeding behaviors where motorists are traveling more than 100 mph on state highways. Last year, CHP officers participating in specialized speed enforcement operations from January 2023 to July 2024 issued over 30,000 citations to motorists exceeding 100 mph.

“Sideshows and street takeovers are reckless, criminal activities that endanger our communities and make streets less safe. We have seen too many people killed or hurt at these illegal events. California will continue to ramp up our efforts to crack down on sideshows. For anyone considering attending a sideshow: know that not only do you risk getting hurt at these events, but you also risk the potential loss of your vehicle,” said Governor Gavin Newsom.

Since February, the CHP has made 1,125 arrests, seized 110 illegal guns, and recovered more than 2,000 stolen vehicles in Alameda County and the East Bay alone. Last month, Governor Newsom signed four bills into law that impose stricter penalties and strengthen law enforcement’s ability to combat sideshows and street takeovers.

“The CHP’s top priority is the safety of our communities. This new grant allows us to strengthen our efforts in addressing the growing issues of sideshows and illegal street racing, which endanger lives and disrupt neighborhoods,” said CHP Commissioner Sean Duryee. “By increasing patrols, deploying advanced technology, and partnering with local organizations, we are committed to making our roads safer and holding those responsible for reckless driving accountable.”

Alongside allied agencies, the CHP established task forces to tackle the challenges posed by street racing and sideshows.  In addition, social media initiatives have been introduced to enhance public awareness regarding the dangers associated with aggressive driving behaviors, including illegal street racing and sideshows. The STREET III grant allows for a campaign starting this month through September 30, 2025.

Funding for this program was provided by a grant from the California Office of Traffic Safety through the National Highway Traffic Safety Administration.

The mission of the CHP is to provide the highest level of Safety, Service, and Security.

Filed Under: CHP, Crime, Finances, News, State of California

Opinion: Running for office is not easy, candidate responds to other publication’s article

November 3, 2024 By Publisher Leave a Comment

By Rudy Recile, Retired U.S. Army Major, candidate for Congress, CA District 8

Rudy Recile. Source: 2024 campaign

Grassroots candidates running for an office don’t have it easy.  People don’t know your name, you have no money in your campaign account and adding insult to injury, depending on what party you are affiliated with, the media may or may not be friendly towards you or your campaign.

Recently an article was written about my campaign “Rematch race for East Bay congressional seat clouded by disinformation from challenger” by Katie Lauer East Bay Times October 30, 2024.

With a title like that would any challenger have a chance? Depending on whether or not the reader keeps up with current events would determine what type of article they are reading. I don’t know if this was an article, opinion statement or hit piece.

I know Rep. John Garamendi has cancer, and I mentioned to the reporter during the interview I wouldn’t disparage the congressman in any way.  I wanted to run a clean race and not a smear campaign.  Instead of John Garamendi going after me the reporter decided to write an article seemingly attacking me.

All stories have a point of view and there is always some truth in the telling of the story.  When I was being interviewed, I didn’t remember all of the details of the current events we were discussing.  I was able to get most of the information correct and instead of the reporter doing her due diligence she took the negative side and stated I am passing dis-information.

For example, when hurricane Helene devastated the east coast, I stated the Government was restricting air space and it was in fact happening.

Eventually the restrictions were lifted.  The point the reporter emphasized was the lifting of restrictions which means there were restrictions in place.  The reporter failed to mention that FEMA and other federal agencies didn’t show up for almost a week after the hurricane and there were many people posting on social media platforms that they were being restricted from flying.

I spoke about a Veteran being evicted to make way for migrants.  The reporter found an article where some people acted and reported they were evicted to make way for migrants from a hotel which was found to be a hoax.  The article I was referring to was about a New York Army Veteran who was evicted from a nursing home to make way for migrants and not the story she mentioned. https://nypost.com/2023/11/30/news/army-vet-kicked-out-of-nyc-nursing-home-to-make-room-for-migrants/ There are many stories out there she could have chosen but the story she chose to back her story was the one regarding the hoax.

I also mentioned how crime is not being reported based on an article in the Wall Street Journal entitled, “Contrary to Media Myth, U.S. Urban Crime Rates Are Up” – https://www.wsj.com/opinion/contrary-to-media-myth-u-s-urban-crime-rates-are-up-violence-cities-9ce714f6. “National Crime Victim Survey (NVCS) 2023 finds no statistically significant evidence that violent crime or property crime is dropping in America…” NVCS. “In the 2023 NVCS, crime victims conveyed that a majority – 55% of violent victimizations weren’t reported to the police,
while 70% of property crime victimizations weren’t reported.”

Since crime is not being reported as it was in the past the statistics seem to be decreasing.  It is so easy to find articles regarding how Prop 47 has affected California. She decided to identify an article which soft plays Prop 47 which I mentioned.

Even with all the negativity the best parts of the article were the parts where she directly quoted my full statement and not just parts of my statements

The bottom line is this, if you’re a grassroots candidate, realize running for office isn’t easy and it won’t be all sunshine and rainbows.  If you’re going to vote, do your own due diligence and be an educated voter before you vote.  Vote the policies the person supports and not the person or the party.

For more information about me and my campaign visit https://rudyforuscongress.com.

Filed Under: Opinion, Politics & Elections

Introducing Cross-Examination: A new podcast from the Contra Costa District Attorney’s Office

November 2, 2024 By Publisher Leave a Comment

Source: CCDA’s Office

Martinez, CA — In an age where there’s so much information available to us, why would the Contra Costa District Attorney’s Office start a podcast?

The answer is simple: to inform the public on legal issues that directly impact our community. The approach of the Cross-Examination podcast is one that focuses on depth and detail, wrapped up in engaging discussions.

Cross-Examination aims to unpack the complexities of the criminal justice system, shine a light on important public safety topics, and foster transparency in law enforcement as it applies to residents in Contra Costa County.

The debut episode features District Attorney Diana Becton in a conversation with hosts Ted Asregadoo and Deputy District Attorney Brian Feinberg. Together, they explore the vital role of the District Attorney’s Office in seeking justice, maintaining public safety, and balancing these responsibilities with the need for reform.

Other episodes delve into timely and relevant topics, such as retail theft. Chief of Inspectors Arnold Threets shares insights from real-world cases and discusses crime prevention strategies, while criminologist Dr. Samuel DeWitt examines how media coverage influences public perception of crime.

By launching this podcast, the Contra Costa District Attorney’s Office is providing a way for the public to gain a better understanding of the criminal justice system from multiple angles. District Attorney Diana Becton said, “I think podcasts about the kind of work our local government does — especially the District Attorney’s Office — will be beneficial in building trust by fostering stronger community relations through deep discussions about issues related to public safety.”

Cross-Examination is available now on Podbean, Apple Podcasts, Spotify, Amazon Music, iHeartRadio, and other podcast platforms.

Filed Under: District Attorney, News

Payton Perspective: Backed by the badge, businessman, Councilman Barbanica is best for Contra Costa Board of Supervisors

November 1, 2024 By Publisher Leave a Comment

Mike Barbanica. Source: 2024 campaign

With experience in law enforcement, private sector and government he offers common-sense views unlike his left-leaning opponent

By Allen D. Payton, Publisher

In the race for Contra Costa County Supervisor District 5 seat held by Federal Glover who is retiring after six consecutive terms, Antioch Councilman Mike Barbanica is clearly the best choice to replace him. He faces Pittsburg Councilwoman Shanell Scales-Preston in the November run-off, after both made it past the four-candidate March primary election. The district includes the county’s northern waterfront cities and communities from the Senator John A. Nejedly-Antioch Bridge in East County to Hercules in West County.

Scales-Preston is Too Socialist and Progressive

Scales-Preston has some applicable experience having served as a councilmember and rotated vice mayor and mayor for the City of Pittsburg for the past six years, as well as on the four transportation boards serving East County, three for just the past two years, as past president and current member of the East Bay League of California Cities, and chair of the Los Medanos Health Advisory Committee. That committee worked with the now defunct healthcare district where Antioch Mayor Lamar Hernandez-Thorpe was the executive director for which the County Board of Supervisors settled with two of his female employees over sexual harassment claims for $350,000.

According to her bio on the City of Pittsburg’s website, Scales-Preston grew up in the City of Pittsburg graduated from Pittsburg High School and earned a degree in Political Science with an option in Pre-Law from Cal State East Bay. Her career has been in government, working for over 20 years as a staff member for both former Congressman George Miller and now Congressman Mark DeSaulnier.

That’s one of the challenges I have with Scales-Preston. Unlike her current boss, DeSaulnier who was a restaurateur in Concord before getting elected to local, then state and now federal office, Shanelle hasn’t worked in the private sector. So, she can’t truly understand what it takes to create jobs or wealth and grow the economy. That’s what is one of the key issues that needs to be addressed in District 5, especially along the waterfront.

Another issue I have with Scales-Preston is her political alliances and from whom she has accepted and promotes endorsements. They include Our Revolution East Bay, which according to their website, ourrevolutioneastbay.org, is “a progressive political organization that emerged from the historic Bernie Sanders campaign.” Sanders for decades described himself as a democratic socialist and has been the most liberal member of the U.S. Senate, except when now-Vice President Kamala Harris was serving. Those are not the kind of bigger, more expensive government views we need on the Board of Supervisors.

That brings up another issue, the blatant injection of partisan politics into local, non-partisan races, which I’ve harped on for the past 12 years, ever since Antioch Councilwoman Monica Wilson put her face and name on one side of a mailer and Obama’s on the other. Scales-Preston’s running a billboard ad on Highway 4 in Antioch with her face on one side of the ad and Harris’ on the other side. That’s completely inappropriate, and unnecessarily, and foolishly divisive. Scales-Preston also touts the endorsements of several Democratic Party organizations, including the State Party which surprisingly is opposing Prop. 36, the anti-crime measure, on the November ballot.

Finally, the other alliance and endorsement Scales-Preston promotes in her campaign is from the nation’s top abortion provider, Planned Parenthood. As I called out District Attorney Diana Becton for doing the same in 2022, I’m calling out Shanelle. Why would a Black woman take the endorsement of an organization founded in racist eugenics which by Margaret Sanger who spoke about and worked to eliminate the Black and brown races, which includes Hispanics, and has been very successful. Because the majority of abortions in the U.S. each year are by Black and Hispanic mothers. That’s why Planned Parenthood continues to focus and located their so-called “clinics” in neighborhoods with high populations of African- and Hispanic Americans. Scales-Preston is literally siding with the organization that continues to work against her own people of color. (Please see Margaret Sanger: Ambitious Feminist and Racist Eugenicist, https://womanisrational.uchicago.edu/2022/09/21/margaret-sanger-the-duality-of-a-ambitious-feminist-and-racist-eugenicist/)

While I like her and find that she’s a nice lady in our few conversations, Shanelle is seriously misdirected in her thinking and views and needs some experience with a job in the private sector before running either for re-election or higher office, again.

Backed by the Badge, Councilman, Former Cop, Business Owner Barbanica is Better and Best for the Board

Barbanica, on the other hand, has a much broader career experience having served as an officer and retired lieutenant after 21 years with the Pittsburg Police Department, where he helped fight against eight dirty cops, one of whom is still in prison for murder. He also worked as a sexual assault detective and a homicide detective, where he “helped women in the worst times of their lives,” Barbanica stated. That included saving a 13-year-old girl from repeated sexual assaults from an older man. He also ran the traffic division, oversaw not only Code Enforcement and all the other specialized enforcement units, including gangs, alcohol and tobacco, and street-level drug dealing teams.

He developed and led a six-officer team for six years, that worked on violent and street-level crime, which was reduced by almost 24% over a few years. Barbanica also ran the K-9 and Field Training Officer programs, and the Emergency Operations Center working with the FBI after 9-11 to prevent any terrorist attacks inside local industrial plants.

For the past 19 years he’s owned a successful, local real estate business in both residential and commercial sales, property ownership and management, the appropriately named Blue Line Property Real Estate & Management. That has given him the experience of dealing with renters and owners, understanding the issues that both sides have to deal with.

For the past four years, Barbanica has also served on the embattled Antioch City Council where he’s been the mature voice of reason in spite of the chaos, cronyism and corruption in which he did not participate. Nor can he be blamed for it, as he was on the short end of a variety of 3-2 and 4-1 votes while at the same time he was able to push for and successfully obtain majority votes in favor of his proposals, such as body cameras for police officers and dash cams for their vehicles, and tougher penalties for sideshows. In fact, Barbanica was the one who found common ground with the mayor to include penalties for advertisers planners, participants and spectators, as well.

He also pushed for expanding Antioch’s Code Enforcement by seven officers, doubling it to 14.

Barbanica has developed private-sector solutions to the challenge of homelessness in our county. He worked to revise the existing HUD contract with the County “to make it more palatable for owners to want to do business with homeless residents,” he said. “The program was actually my wife’s idea. We started with one single mom with her children, one of whom is disabled, and who are still housed with us, today.”

They expanded it to include homeless veterans.

“We work with seven different agencies to get people off the street and today, we have over 575 people housed that were facing homelessness or instability, who now have a roof over their head,” the candidate shared.

Barbanica’s platform focuses on his top priorities which are public safety, homelessness and blight.

Asked about economic development he said, “It’s always a constant. But we have to deal with the other issues, first. If we want business to come here, we have to provide them a place where their business will thrive.”

Regarding the Northern Waterfront Initiative, “It needs retooling,” Barbanica stated. “Because the zoning doesn’t match the long-term plans and developers have struggled and are very frustrated with the County. I’m going to be an advocate to develop that area and work with those developers but balance it with the concerns for the environment.”

He will also work on the Green Empowerment Zone, “to bring green jobs into our county to boost our local economy,” he added.

Barbanica also worked to bringing in 1,100 new, upscale homes in the Sand Creek area of Antioch in which “both sides, the developer and the environmental community, specifically Save Mt. Diablo, were satisfied,” following multiple meetings.

About transportation, he says supports extending BART to Tracy and back to Pleasanton, as well as completing the Highway 4 bypass / extension and building Route 239 from Brentwood to Tracy to connect Highway 4 to I-5, 205 and 580, “an East Bay loop” he said. It will permanently open East County for economic development. “Finally, it’s being planned after being on the books for almost 65 years,” Barbanica added.

Not surprisingly, he has the support of law enforcement, including Contra Costa County Sheriff David Livingston, the Contra Costa County Deputy Sheriffs Association, Contra Costa County District Attorney’s Association, Contra Costa County District Attorney Investigators’ Association, California Association of Highway Patrolmen, PORAC – Police Officers Research Association of California, as well as the Police Officers Associations of Antioch, Pittsburg, Concord, Martinez, Hercules, Brentwood, Clayton, Moraga, Pinole, Pleasant Hill, Richmond and Walnut Creek and the United Professional Firefighters of Contra Costa County.

Regarding the police scandals that affected both the Antioch and Pittsburg Police Departments, one thing needs to be clarified. When Antioch’s mayor and one councilwoman were irresponsibly and publicly calling for all 35 Antioch officers caught up in the racist text scandal to be fired – most of whom merely received the texts, but didn’t send any, and before the investigations were completed, and most returned to their jobs – Barbanica was again, the voice of reason. He said he, the mayor and other council members needed to shut their mouths and let the investigators work through the process, and not give the dirty, guilty cops anything they could use to keep their jobs, such as claiming their terminations were politically motivated. Yet, his opposition has been attempting to twist his words to mean something he didn’t.

One additional thing I like about him, having dealt and worked with with him in a councilman-reporter relationship for the past four years, Barbanica is available and responds to phone calls, texts and emails including any and all questions no matter how challenging. I respect that in an elected official.

“I truly believe the media’s responsibility is to keep government and politicians honest, and the people informed,” he stated. I completely agree.

On a personal note, Barbanica is married to Kristine, they have three children and six grandchildren, most of whom live in the area. Two of his children have followed him into law enforcement as his son is a Pittsburg Police Officer who “works my old beat with the same call sign assigned to it,” Barbanica shared. His youngest daughter is a prosecutor in another county in California. His older daughter is a physician’s assistant.

For the benefit of the northern portion and all of Contra Costa County, please join me in supporting Mike Barbanica as our next Supervisor representing District 5.

To learn more about him and his campaign visit www.mikebarbanica.com.

Filed Under: Opinion, Politics & Elections

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