CORRUPTION FROM WITHIN

The late Supreme Court Justice Robert Jackson’s written opinion on the dangers of prosecutorial abuse.

“Therein is the most dangerous power of the prosecutor: that he will pick people that he thinks he should get, rather than cases that need to be prosecuted.  With the law books filled with a great assortment of crimes, a prosecutor stands a fair chance of finding at least a technical violation of some act on the part of almost anyone.  In such a case, it is not a question of discovering the commission of a crime and then looking for the man who has committed it; it is a question of picking the man and then searching the law books or putting investigators to work, to pin some offense on him.”

One wonders about Frank Carson’s criminal case.

Here’s a summary of it:

  • No evidence.
  • Lots of Speculation.
  • Convicted Criminals as the only witness to:  Nothing.
  • Corrupt investigators looking to pin a murder conviction on one of the most experienced attorneys in town…
  • An attorney with proven record of protecting the innocent.
  • A respected attorney who recently exposed corruption within the District Attorney’s Office.

The entire case sounds more like the trailer for a fictional movie that should be titled: Corruption from Within – What happens when cops turn into Criminals.

Carson and eight defendants, three of which are California Highway Patrolmen and two business owners are charged in this murder case.  Almost three weeks into the Preliminary hearing trial, we find that there is no real evidence to connect any of these defendants to any criminal wrong doing.

The two business owners previously protested against the District Attorney’s office for being harassed by Investigator Kirk Bunch.

They are now being charged with plotting to commit this murder.  No confessions were given to police.  No DNA to connect the defendants to the actual crime – if there was even a crime.

Kaufman’s skeleton was found in the Mariposa hills near a campsite.  No cause of death is known, evidence found at the scene does not connect any of the defendants to Kaufman’s death.

For all we know, Kaufman, an illegal drug user and convicted thief may have overdosed or died of natural causes.  Yet, without any real evidence, nine people’s lives including Frank Carson’s wife and daughter have been charged with plotting to commit a murder.  A murder where the missing person’s skeleton revealed that no blunt body trauma exists.

What does that mean?  Well, it means that the medical pathologist who examined Kaufmann’s skeleton did not locate any indication that he was actually murdered.

We have a case where police haven’t confirmed that a murder exists.  Arrests have been made on speculation that somehow Carson convinced two business owners and three highway patrolman to kill Kaufmann, a convicted thief and meth user after he disappeared on his way to steal more scrap metal from Carson’s property.

Robert Woody,  a convicted thief and illegal drug user is still in custody in Stanislaus county Jail and is the District Attorney’s star witness.

Woody was arrested after telling his girlfriend that he was present when Kaufmann was shot.  Since being booked into jail two years ago, Woody has been busy changing his story eight times.

In working towards the goals of a law enforcement department, the top executives play a primary role in forming the organizational climate. If a police agency is full of corruption, then – the law process has collapsed.

So, who can you call if you know that a group in the District Attorney’s office is corrupt?  The answer is that there are no checks and balances in the current Stanislaus County District Attorney’s office.

Modesto Police Detectives retire and begin collecting 90 percent of their monthly check.  They then get hired by the District Attorney’s Office as Criminal Investigators.

Most of these investigators are now making $10,000 per month. If you were one of them, why would you become a whistleblower on the corruption that is taking place within our District Attorney’s Office?

When we look at the Carson alleged murder case, we see what a waste of tax payers money the current D.A.’s office has been draining from every tax payer in this county.

This case is only one example of the larger problem.  With no real evidence, No credible witnesses, No DNA evidence, basically nothing to tie Carson to the unconfirmed murder or any crime related to it, the District Attorney continues to drain tax payers’ money on a case they know they can’t win.

So, they must lie to the press, they offer immunity to methamphetamine users, thieves, drug dealers, they make up lies about what they think or speculate happened in the Kaufman murder case all to win a case against the innocent.

If you have been sitting inside the courtroom, you will agree that the entire trial is more like a circus with the Judge being the only sane person who can do the right thing when it is plainly obvious that that justice has left the building.

This judge is starting to realize what she has before her is a case where DA investigators – not the  police —- have  abandoned reason, ignored reality,  and in order to cover up internal corruption, and an overzealous DA Investigator, they have charged Carson and eight others with an unconfirmed murder they did not commit.

Several groups in our community have requested that the Attorney General (AG) should come in to prosecute this case.

Many have requested that the Attorney General take over the case.  The AG has refused to become involved in this case even though the Carson defense team has asked to dismiss the case. It is assumed that the AG’s office staff knows that this case is a losing proposition as there simply isn’t any evidence to connect the arrested individuals in this miscarriage of justice.

With Frank Carson in Jail without the right to bail out, the corruption case against DA Chief Dave Harris and Investigator Jacobsen went away.

Because Carson sued DA Investigator Steve Jacobson and the county, they had no choice but to arrest Carson before the trial which was set for August 11. They arrested Carson on August 15.

A second case involved DA Investigator Jacobsen and DA Chief Prosecutor Dave Harris for tampering with the jury and withholding exculpatory evidence.

With Carson out of the way, they were both allowed to apologize to Judge McFadden and the charges against them were dropped.

Jacobsen and Harris were part of jury tampering charges as part of a major felony case.

After an eight year investigation by Sheriff Adam Christianson and his task force, a six-month trial where Carson was the defense attorney, the jury voted to acquit.  One juror said:  “The District Attorney thought we were stupid.”

How much money did tax payers pay?  The figures would shock you.  Yet – many in the community turn a blind eye to justice.  Many feel that if they don’t say anything, the corruption will go away.

No- you must become informed.  If this story makes you aware of the problem, you must insist on a solution.

The logical conclusion of politically correct speech is silence.

The people are the police and not the other way around.  The community is the reason why police exist.  If police become corrupt, the community must stand up to what is right.  Justice must be such that it is done with fairness, balance, integrity, and equality.

Retired Detective Frank Serpico who exposed corruption in the New York Police Department said: “We must hold our lawmakers accountable and our courts responsible, or democracy and freedom of speech in America will soon become extinct.”

As you read this article, begin to think of just how we have arrived at this point in time.  This article is not about the Modesto Police.  This is about the Stanislaus County District Attorney’s Office.  Usually, the police take the warrant to the Judge and get it signed based on real evidence.  But, in this case, it was the DA investigator who built the case and took the affidavit to the judge.

In the Carson case, DA Investigators drove all the way to Madeira County to sign a warrant for his arrest in the city of Turlock, Stanislaus County.

Think about this for a minute.  Why would these investigators not try to get one of the twenty two (22) Stanislaus County Superior Court Judges to review the warrant affidavit?

Answer: Because they knew no judge in their right mind would put their signature on a document they know was fabricated, full of lies, speculation, exaggeration, and corruption.

Remember, these corrupt investigators were being sued and arrested Carson to avoid going to trial themselves.

Additionally, two of them were facing criminal charges and knew their jobs were on the line if they didn’t come up with this crime novel of a criminal case against Carson.  They had no choice but to do this now, rather than face their own trial.

Even a CNN News Reporter who read the affidavit said there is nothing there- this case reads more like a crime novel.

Another law professor was quoted in the Modesto Bee saying this entire ordeal sounds political and the affidavit itself contains nothing to support any murder charges.

A Stanislaus County Superior Judge wrote an affidavit that the Chief Prosecutor Dave Harris had lied to him about the jury tampering case.   We have other experts who have looked at this affidavit and wondered why District Attorney Birgit Fladegar didn’t step in to quash a movement when she knew the movement was to cover illegal tracks.

Benjamin Disraeli once said that: “When Men are pure, laws are useless; When Men are corrupt, laws are broken.”

It is no secret in the Stanislaus county District Attorney’s Office that their Assistant Deputy Prosecutors have been leaving the department in droves.

In a three month period this year, eight (8) of them left the department to join other similar departments.  It wasn’t about money, it was more about that they were tired of having to lie.  They were tired of working for a department that is not ethical. They saw the writing on the wall.  If they were ethical – working for a District Attorney’s office that caters to unethical behavior, their days were numbered.  They chose to move out of and away from corruption.  They had a choice and the choice was to leave.

Yet, what about the citizens of Stanislaus County?  Should these citizens also have a choice in improving a corrupt DA’s office?  The DA is an elected official who has been allowing unethical behavior to flourish in this county.

Martin Luther King said:  “Our lives begin to end the day we become silent about things that matter.”   Because the District Attorney’s Office and Sheriff are elected positions, the only control the Board of Supervisors has is the power of the purse strings.  The supervisors continue to pay for this prosecutorial misconduct with your money.

Hundreds of thousands of tax payers money have been spent on wiretaps that so far has led to no criminal convictions.  the actual DA Investigators seeking these wire taps do not have to abide by any checks and balances.

Without checks and balances, our Criminal Attorney’s office will continue to operate in a criminal mode – ignoring lawful procedures, ignoring the law and growing in numbers.

It is time for the state to come in and review criminal practices in this county. We ask everyone in the Stanislaus county community to talk to their local community leaders and show them this article and inform them of what has been happening in terms of corruption within the District Attorney’s office.

The Carson case is only one in a long list of cases that the Stanislaus County DA’s office has lost due to their illegal practices.

“To live with integrity in an unjust society we must work for justice.”  Starhawk.

How long must we look the other way at a corrupt group of administrators and investigators within our own District Attorney’s office?  How long must we ignore corruption, cover-ups, and a distortion of facts that have been causing tax payers money to be spent on fruitless criminal cases that have no real foundation or real evidence within them?

The Attorney General’s Office, Kamala Harris, has been given the opportunity to address the problems of Stanislaus County Sheriffs and District Attorney’s Office. Her failure to act will not put her with good stead when she runs for higher office.

We the people seek the Attorney General’s Office and the FBI to investigate corruption in Stanislaus County District Attorney’s office.

Supreme Court Justice Robert Jackson’s written opinion on the dangers of prosecutorial abuse is a mission statement for District Attorney Birgit Fladager.  By defending her investigators she must acknowledge that she is a co-conspirator in their misconduct to help her friends and punish her friends enemies.

Fladager complains that her critics should not be allowed to bring the facts to the attention of the Board of Supervisors who can determine the truth for themselves, but will not take action to remedy the situation  Fladager can raise over $100,000 in her campaign to call her critics liars, threaten libel lawsuits, swear employees to secrecy, and send out SWAT teams to intimidate children at gunpoint.

“Therein is the most dangerous power of the prosecutor: that he will pick people that he thinks he should get, rather than cases that need to be prosecuted.  With the law books filled with a great assortment of crimes, a prosecutor stands a fair chance of finding at least a technical violation of some act on the part of almost anyone.  In such a case, it is not a question of discovering the commission of a crime and then looking for the man who has committed it; it is a question of picking the man and then searching the law books or putting investigators to work, to pin some offense on him.”

Supreme Court Justice Robert Jackson’s written opinion on the dangers of prosecutorial abuse is a mission statement for District Attorney The late Supreme Court Justice Robert Jackson’s written opinion on the dangers of prosecutorial abuse.

Birgit Fladager.  By defending her investigators she must acknowledge that she is a co-conspirator in their misconduct to help her friends and punish her friends enemies.

Fladager complains that her critics should not be allowed to bring the facts to the attention of the Board of Supervisors who can determine the truth for themselves, but will not take action to remedy the situation  Fladager can raise over $100,000 in her campaign to call her critics liars, threaten libel lawsuits, swear employees to secrecy, and send out SWAT teams to intimidate children at gunpoint.

During the massive SWAT team invasion of the Pop and Cork liquor store and the home of Baljit Athwal Investigator Steve Jacobson tells the wife of Baljit that “we have information that your husband is cheating on you and pays prostitutes.”

Unconvinced, she replied, “I don’t believe you, but if you have proof, show it to me and I will divorce him.”

 

1 Comment

  1. Are We missing something? Is this retired Judge just need the money, fame or is she part of the corruption and if so how high does it go?
    I’m no Judge but NO do process, civil rights trampled and lack of evidence is usually grounds for a dismissal and normally long before things get this far out of hand. Birgit Fladager and her Tombstone stile Detectives have been in the Modesto Bee for miss conduct from the beginning of her rain of uncommon justice. I was out of town but notice that on May 8th. she made the Modesto Bee again, she must be the most suited DA on record.
    The Whole Carson’s Gang will Bankrupt the County with the lawsuit that comes out this mess. How Long will Judge Barbara Zuniga let this go on She is becoming as big a Joke as judge Ito!

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