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Wednesday, August 22, 2007

FAKE Investigator gets 5 years


Kathleen Culhane gets five years for faking documents. The media can't seem to get this straight. So here it is. Kathleen Culhane was a former investigator for the Habeas Corpus Resource Center and then worked as an unlicensed investigator. She WAS NOT A PRIVATE INVESTIGATOR, she has not been a licensed private investigator, PLEASE PLEASE STOP CALLING HER A PRIVATE INVESTIGATOR, DEFENSE INVESTIGATOR, etc. She was an independent contractor for various lawfirms. Those firms payed her to perform work they should have sent to Licensed Private Investigators. You wouldn't hire an unlicensed attorney to represent you in litigation. You wouldn't hire an uncertified mechanic to repair your automobile. You shouldn't hire an unlicensed individual to be your Professional Investigator. First she pleads not-guilty and maintains her innocence, then faced with the overwhelming realization that the TRUTH will come out, she, well lets put it this way, appears to have a case of ... Michael Vick syndrome.

Probable Cause Affidavit Felony Complaint

From a November 18, 2006 article:
"It's clear they're going to prosecute her and try to make a symbol of her," said Culhane's lawyer, Stuart Hanlon. He said Culhane, who has "dedicated her life to fighting against the death penalty," maintains her innocence and will fight to vindicate herself.
From a Thursday, February 22, 2007 article:
Kathleen Culhane, 40, pleaded not guilty in a Sacramento court to 45 criminal charges. She turned herself in Monday night and will be released from jail after posting $50,000 bail, probably by Friday, said her lawyer, Stuart Hanlon.
From a Tuesday, May 1, 2007 article:
A former criminal defense investigator accused of forging statements from jurors, witnesses and others in death penalty cases pleaded guilty to four charges Monday and accepted a five-year prison sentence. Kathleen Culhane, 40, said outside a Sacramento courtroom that she filed incorrect documents on behalf of five condemned inmates because she believes that capital punishment is wrong.
Culhane's attorney, Stuart Hanlon, called the five-year sentence -- she could get out in 2 years and 8 months if she behaves in prison and earns good-time credits -- a "very stiff consequence." Hanlon noted that Culhane has always worked to help others, spending seven years in El Salvador helping war refugees before beginning her work on death penalty cases. "She has taken responsibility for what she did," he said.

This is classic, "She has taken responsibility for what she did." RIIIIIIIIIIIIGHT. If she was taking responsibility for what she did, she would have pled guilty when arraigned and let the chips fall where they may. It cracks me up when you hear the obligatory statement, "I'm innocent, these charges are frivolous, I look forward to my day in Court, I'm going to fight these baseless charges until the very end, blah, blah, blah." It would appear to be a mandatory step in the representation of an alleged suspect. Here's the new protocol. Crime ---> Police investigate ---> "person of interest" is interviewed/detained/arrested ---> Suspect "lawyer's up" ---> Obligatory statement is issued (not my pants, not me on that video, not my gun, don't know how it got in my jacket, I wasn't even there, I didn't know her) ---> Pleads Not Guilty ---> Prosecution shows their hand (King high straight flush) ---> Suspect Pleads Guilty

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Not the FEATURE Vick, Jew or Recorders Office has become

Get Featured is a really neat concept for getting bloggers some often needed exposure. I think the concept could be adapted to... this very blog, and have a FEATURED section for compliance or lack thereof.

Get Featured is free (at the time of this posting) and will provide your blog with 24 hour exposure for one day. Great way to test your key words and analytics. Please check them out. web site promotion

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Monday, August 20, 2007

Ron Mexico Michael Vick first pled NOT GUILTY now pleads GUILTY




Ron Mexico Michael Dwayne Vick suddenly remembers that he is guilty of organizing dog fights. This after adamently proclaiming his innocence and his vow to clear his "good name." At his arraignment, he pleads not guilty and says he will clear his good name.

Time for the broom. I can only wonder if Ed Jew will realize what Vick realized; EVERYONE IS AGAINST ME, WITNESSES ARE LINED UP TO TESTIFY AGAINST ME, THE TRUTH HURTS. What does this have to do with Public Records? Pacer!!! If you want to learn about what's going on in a Federal case, you need an account with Pacer and you need to search. Here are some interesting Vick documents.

Indictment

Affidavit


Co-defendant Summary of Facts

Co-defendant2 Summary of Facts

Co-defendant Plea Deal

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Sunlight foundation blog on FOIA

Two investigative reporters blog about their experience with FOIA (from Wikipedia) and have links to copies of the documents. I think having image scans of the documents is very helpful for people to see the form and specific exemptions cited. It gives you a chance to overcome the objections ahead of time and it definitely helps to narrow your requests.

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Friday, August 17, 2007

What to ask for and how to identify it

The most frustrating part of Public Records research is when you have someone tell you that they don't understand what you're asking for. They don't even know what records they keep. I found one really helpful resource to help narrow down the specifics of my requests, and to learn what categories of documents different departments keep. Paper Trails: A Guide to Public Records in California by Stephen Levine and Barbara T. Newcombe provides incredible insight into what documents each department of each agency keeps. This is very helpful when you "think" one department has the record and in fact it doesn't. For example if you wanted to know what records the Parks and Recreation department of your county keeps you would look through the index, it tells you to goto C295 through C306. You find different headings for Dock, Harbor, Marina Permit Files; Incident and Accident Reports; Lease Files; Lifeguard Administration Files; Pesticide Spraying Files.

A detailed description of C303: Permits and Reservations Files, Use Permit Files, Facility Use Permits. Records of requests for permission to use a facility. Contents: name of organization, fees, site requested, date, time, correspondence, insurance policies, bond information, registration logs, description of activities, anticipated attendance, receipts, billing. (Very insightful stuff if you ask me). I use this book often.

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Wednesday, August 15, 2007

Yolo County District Attorney Understands Public Records

Well I think I found a government office that understands Public Records. Jeff W. Reisig is Yolo County's District Attorney. His office has a page providing Guidelines for Access to Public Records.

Guidelines

Directing Your Request

Direct your request to the DA's Public Records Clerk. The DA has designated a Public Records Clerk to facilitate its response to public records requests. If you direct your request to the Public Records Clerk, it will make it easier for us to track and process your request that will result in your receiving a more prompt response.

The Public Records Clerk may be reached by telephone at (530) 666-8413, by e-mail at publicrecords@yoloda.org , and by US mail at:

Yolo County District Attorney - Public Records Clerk 301 Second Street, Woodland, CA 95695

Written Requests are Encouraged

The DA encourages, but does not require, requests for records to be made in writing unless the request involves records maintained by the DA for the purpose of immediate public inspection. Examples of these types of records include:

  • Statements of economic interest,
  • DA publications and these guidelines.

Written requests help the DA respond to the request and correctly identify the records requested. Denials of written requests will be provided in writing. When requests are made orally, the DA may confirm the request in writing to ensure it has correctly understood the request.


It seems to me that the DA recognizes that public records act requests may be verbal, yet the Yolo County Health Department requires the request to be in writing.

"A member of the public may review files after submitting a written request to review specific files. To help us provide the best customer service, we encourage you to call ahead and make an appointment. This allows us to have the files ready when you get here, and it helps eliminate conflicts for files and computer stations between reviewers.

If you wish to make an appointment, please complete a File Review Request Form and submit as described at the bottom of this page. Please be as specific as possible on the request form when describing the documents that you wish to review/copy. Providing facility names, addresses, and parcel numbers will help us to locate the requested information. If there are any questions please call and speak to Yvette Mitchell at (530) 666-8646."

It's too bad the departments couldn't talk to each other. Maybe County Counsel could help ALL County Departments understand the Public Records Act. Assuming County Counsel understands it. They really need to consider having someone from Californians Aware conduct an in service training, or the Attorney General's office.

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Tuesday, August 7, 2007

CCC Recorder's Office Strikes Back

So I received Ms. Chambers' response. Obviously she had the assistance of County Counsel. If you look at it, read it, and then think about it, I think I need to goto the Board of Supervisors because it is obvious that they arbitrarily charge more than the direct or indirect costs. They make a surprising admission. Did you catch it? Keep reading. I'm actually a little busy right now, so I can't provide my line by line analysis, but I'm certain to keep you posted on my response, when I can get to it. Paying clients take priority over my time.

One comment I wanted to include was the fact that if you notice the fax transmission on some of the documents, they were sent to or from the recorder's office on July 25, 2007. Why did it take so long to send me the response? The Sunshine Ordinance specifically says not to use the State law time line as a delay tactic. And why can't anybody figure out what the word INSPECTION means? If I ever become independently wealthy, I'm going to sit my rear-end in the public offices and INSPECT every darn file, until Government gets it RIGHT!!!








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