I guess now the Colonies Four are accusing Judge Smith’s clerk of being a liar and a record falsifier

A couple of weeks ago we learned that the latest strategy of the Colonies Four defense team was to call into question the integrity of Judge Michael Smith and former assistant district attorney Jim Hackelman.  Now we learn that his clerk’s minute order is wrong and does not reflect what happened in the courtroom last week.  Apparently, the reporters who were in the courtroom are working in concert with her to defraud and mislead.

In the five years before that, the defense team used the other blog to accuse District Attorney Mike Ramos of being a drunk, a womanizer, incompetent, and a long list of other things.  They have filed a complaint against him with the State Bar in an attempt to get his bar card pulled.  They considered trying to set him up with a prostitute and getting it on tape to blackmail him.

They have attacked and defamed one or more FBI agents and gone so far as to claim there could be criminal action against one agent and that his promotion was actually disciplinary action.

They have suggested that all of the district attorney investigators have lied under oath and that some could be subject to criminal and civil actions.  They have referred to the deputy attorney general as a “dyke” and “boneable.”

They have threatened most, if not all, prosecution witnesses in one way or another, calling them derogatory and sometimes sexist or racist names.  They have threatened them with ruining their reputations and careers.

They have threatened the various members of the prosecution team with State Bar complaints and having their bar cards revoked.  They have also threatened them with levies upon their homes and retirement accounts.

They have threatened former judges who heard the case with complaints.  They have ridiculed members of the media in hopes of swaying articles written about the case.

They helped a tabloid owner become adjudicated in exchange for stories that promote most of the above.

They hired a private detective to hack a key witness’ cell phone.  They hired private detectives to follow and harass a variety of witnesses.

Keeping all of these threats and actions against everyone in this case in mind, does anyone think it is too far fetched to believe these thugs tried to blackmail two county supervisors over their lifestyle in order to get a majority vote in the approval of a $102 million settlement?  I didn’t think so.

Do you believe in angels?

A couple of days ago I shared this on my Facebook wall:

Do You Believe Angels Exist?

Of the 38 friends who responded, 37 said yes and one said no. Some have had personal experiences that leave no doubt in their mind in the existence of angels. I am one of those.

If you are a personal friend, you have probably heard this story, probably more than once.  I think I might have written about it here on the blog in the past as well.  It’s Christmas and that makes it a good time to tell my angel story once again.

It was approximately 2005.  My new truck had a recall notice.  I dropped it off at the dealer and had a rental car.

We had a few hours to kill so my mom and I decided to go to Olive Garden for lunch.  If you are familiar with the area, it was the Olive Garden in Victorville on the east side of the Mall of Victor Valley.

We arrived just as Olive Garden was opening so the parking lot was empty.  I was able to park in the spot that faces Amargosa right next to the restaurant.  I believe that all that was between us and the sidewalk was a handicapped spot or take out spot.

The parking spots on that side of the lot are on an incline or actually a decline technically I guess.  If you pull in head first, the backend of your vehicle will be higher than the front end.

After having lunch, we returned to the car.  It was a loaded, fully automatic small car.  I don’t remember the make now.

I put the car in reverse, let the emergency brake up, and started to back up.  The car would not move.  I gave it a little more gas and the car still would not move.  I remember looking in my mirrors and seeing nothing out of the ordinary.  I kept trying to gas it but the car would not move.  I put it back in park and then in reverse again and tried again.  Still nothing.  I checked the e-brake again and it was disengaged as it was supposed to be.

At that point I did not know what to do as the car would not move.  I finally put it into park, turned off the ignition, and got out to check the tires or see if there was anything I could not see while sitting inside.

As I got to the back bumper, there she was.  Leaning against the back bumper was a toddler, probably about two years old.  About the same time I saw her, her father from across the parking lot saw her and screamed at her.  I think my heart stopped for a moment.

Her father retrieved her, and I got back into my car and collected myself.  I turned on the ignition, put the car into reverse and backed up with no problem.

I think of that day often.  I’m not sure which one of us had the guardian angel as the result could have been tragic for many.  Sometimes my faith wanes in other areas, but I will never not believe in angels.

PRELIMINARY HEARING

The prosecution begins a felony case by filing a grand jury indictment or by filing a complaint with a magistrate. If a complaint is filed, a preliminary hearing must be held before a magistrate to ensure there is sufficient evidence to hold a defendant to answer for the charges against him in the trial court. When an indictment is filed, there is no right to a preliminary hearing. At the preliminary hearing, the prosecution must present sufficient evidence to convince the magistrate that probable cause exists to believe that a crime has been committed by the defendant. If the prosecution makes this showing, the magistrate will hold the defendant to answer to the charge in the trial court. The prosecution must then file an information in that court within 15 days. Once the magistrate makes a holding order, the magistrate’s power ceases and jurisdiction vests in the trial court to deal with the charges in the case. Because the vast majority of felony cases settle before trial, the preliminary hearing may be the sole proceeding at which evidence is taken. The preliminary hearing gives the defense a key opportunity to show the prosecutor why a particular settlement is justified, and to show the magistrate why the case should be discharged or reduced. It also provides one of the few opportunities to reduce a wobbler and to eliminate enhancements. The defense may cross-examine witnesses for purposes of raising an affirmative defense, negating an element of the offense, or impeaching a witness. If the defendant does not have an adequate opportunity to cross-examine the witness, the preliminary examination testimony may not be admissible. The defense may also bring a motion to suppress at a preliminary hearing, provided there is sufficient notice. The defense may also request that the magistrate make factual findings which may result in the discharge of some or all charges. When the felony charged in the complaint could have been charged as a misdemeanor, he judge may reduce the charge to a misdemeanor.

Source: CEB: California Criminal Law Procedure & Practice

Los Angeles Times: Obama will travel to San Bernardino to mourn victims of massacre

President Obama speaks on Islamic State in the Pentagon briefing room on Dec. 14. (Olivier Douliery / Getty Images)

Michael A. Memoli
December 16, 2015

President Obama will travel to San Bernardino on Friday to join in mourning the 14 victims of the Dec. 2 mass shooting that he has called an act of terrorism, the White House said Wednesday.

Obama’s visit to Southern California was added to his previously scheduled trip to Hawaii, where he and the first family will celebrate Christmas, as has been their tradition during his presidency.

During his San Bernardino stop, Obama will visit privately with families of victims, White House Press Secretary Josh Earnest said. Further details of the president’s visit were not disclosed. White House officials have previously said that any presidential visit — like others to communities affected by mass shootings — would take local memorial plans into account.

Syed Rizwan Farook and Tashfeen Malik opened fire two weeks ago at a holiday party at the Inland Regional Center in San Bernardino, killing 14 and wounding 22 in the deadliest terrorist attack in the U.S. since 9/11. Farook and Malik, who were married, were killed in a gun battle with police hours later.

The subsequent investigation has revealed that Farook, a U.S. citizen, and Malik, who entered the U.S. on a so-called fiancee visa, had been plotting an attack for months. Both pledged allegiance to Islamic State.

To read expanded article, click here.

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InlandPolitics: Trump widens lead in latest national poll

Wednesday, December 2, 2015 – 08:30 a.m.

Billionaire Businessman Donald Trump has widened his lead in the race for the republican nomination for President of the United States.

The latest numbers come with just sixty days until the Iowa Caucuses.

The poll’s analysis has bad news for Retired Pediatric Neurosurgeon Ben Carson, who one month ago was essentially tied with Trump.

Carson now sits at number three in the nationwide poll, with 16-percent. That’s down 7-percentage points from a month ago.

The only candidates to place at 5-percent or higher are Trump, Carson, Florida U.S. Senator Marco Rubio, Texas U.S. Senator Ted Cruz and Former Florida Governor Jeb Bush. All other contenders are currently bottom-feeding for a small fraction for votes in the hope of re-igniting their respective campaigns, which at this point in the race is bleak.

To read the news release by respected Quinnipiac University, click here.

The post InlandPolitics: Trump widens lead in latest national poll appeared first on InlandPolitics.com.

Visit the ghosts of Christmas past as Calico kicks off its holiday season

Calico Ghost Town kicks off the Christmas season tomorrow, Saturday, Nov. 28, 2015, with carolers, cocoa, the official Calico tree lighting, and more.  It’s Christmas from a bygone era where visitors can shop without the crowds in a peaceful setting, enjoy some music and games, and have a relaxing day with the family.  The shops open at 9 a.m. and the Holiday Craft Corner opens at 10 a.m.

Santa and Ms. Claus will be on hand to welcome guests.  You can visit them at the Town Hall or catch them for a quick pic as they wander around the ghost town.

Native American dancers will be performing twice during the day at the Livery Stage.  The performance is both entertaining and educational as the narrator explains the history behind the various dances performed.  Children, in particular, are always enthralled by the beat of the drum and the dancers in full regalia.

To read the entire article, click here.