The Anatomy of Public Corruption

Showing posts with label Walnut Creek Police. Show all posts
Showing posts with label Walnut Creek Police. Show all posts

Atty. Amanda Bevins, Bill Gagen , Paul Pelosi, Greg Thompson, and Chris Butler

GagenMcCoy

Representing Walnut Creek Officer Greg Thompson

Officer beats blackwoman gets retirement 

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Attorney Amanda Bevins reprented Chris Butler arrested the Narcotics Scandal, and Paul Pelosi husband of Speaker Pelosi, beaten and Pete Bennett awaits decades answers for decades of incidents.  

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Walnut Creek Real Estate Investor Indicted for Fraud

Walnut Creek Real Estate Investor Indicted for Fraud

U.S. Attorney’s OfficeMarch 28, 2014
  • Northern District of California(415) 436-7200

OAKLAND—A federal grand jury in Oakland yesterday returned a two-count indictment charging Benny Chetcuti, Jr. with wire fraud, stemming from Chetcuti’s Walnut Creek, California-based real estate investment business, announced United States Attorney Melinda Haag and FBI Special Agent in Charge David J. Johnson.

According to the indictment, as early as October 2002 and continuing through June 2010, Chetcuti allegedly defrauded private investors who loaned money to him and his business, Chetcuti & Associates. Chetcuti started Chetcuti & Associates in 1998 for the purpose of purchasing homes, renovating them, and selling them within a short time period. Chetcuti financed his business, in part, by obtaining loans from private investors in exchange for promissory notes that were supposed to be secured by interests in real properties. The indictment alleges that Chetcuti defrauded investors by misrepresenting how much debt was already secured by the properties, falsely promising to record deeds of trust that would have secured the investors’ interests in the properties, directing others to impersonate lenders or title company officers in telephone calls, and forging letters purportedly written by lenders and title company officers.

A summons was issued upon filing of the indictment. Chetcuti is scheduled to make his initial appearance on April 2, 2014, at 9:30 a.m. before the Honorable Kandis A. Westmore, United States Magistrate Court Judge in Oakland.

The maximum statutory penalty for each count of wire fraud in violation of 18 U.S.C. § 1343 is 20 years’ imprisonment and a fine of $250,000, or twice the gross loss or gain resulting from the offenses, plus restitution and forfeiture, if appropriate. However, any sentence following conviction would be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.

Andrew S. Huang is the Assistant U.S. Attorney who is prosecuting the case with the assistance of Vanessa Quant. The prosecution is the result of an investigation by the Federal Bureau of Investigation.

Please note, an indictment contains only allegations against a defendant, and, as with all defendants, Benny Chetcuti, Jr. must be presumed innocent unless and until proven guilty.

This content has been reproduced from its original source.
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KAHN v. CHETCUTI and the Contra Costa Narcotics Taskforce

KAHN v. CHETCUTI

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Court of Appeal, First District, Division 5, California.

Philip KAHN et al., Plaintiffs and Respondents, v. Benny CHETCUTI, Jr., Defendant and Appellant.

No. A096670.

Decided: August 12, 2002

 Robert A. Nebrig,Carr, McClellan, Ingersoll, Thompson & Horn, Burlingame, for plaintiffs and respondents. Gerald W. Filice, Filice Law Offices, Sacramento, for defendant and appellant.

In this dispute arising from the sale of a home to respondents, seller Benny Chetcuti, Jr., appeals from a judgment confirming an award in a contractual arbitration and denying his petition to correct the award.   He contends (1) the arbitrator exceeded his powers, and (2) the arbitrator erred procedurally when he awarded attorney fees and costs to respondents.   In the published portion of the opinion, we interpret the parties' agreement to authorize the arbitrator to determine whether the prevailing party's act of filing a complaint before an obligatory mediation barred the award of attorney fees to that party.   That determination, we conclude, is not subject to judicial review.   We reject the second argument in the unpublished portion of our opinion and affirm the trial court's judgment.

I. FACTUAL AND PROCEDURAL BACKGROUND

In March 1995, appellant purchased a residence located on Edgehill Drive in Burlingame as a business investment.   Appellant renovated the property and then listed it for sale.   Respondents Philip and Mara Kahn purchased the residence from appellant in June 1996 for $455,000.   The purchase agreement contained clauses stating that any disputes arising out of the contract must be mediated, and if that was unsuccessful, submitted to binding arbitration.   The agreement also provided that the prevailing party in any arbitration or other legal proceedings was entitled to reasonable attorney fees, with a limitation on the right to fees where an arbitrator determined that a party otherwise entitled to fees resisted mediation.

In April 1998, Lori Lutzker, an attorney representing respondents, sent a letter to appellant alleging he had failed to disclose certain defects that were present in the residence.   Acknowledging the alternative dispute resolution clauses in the purchase agreement, Lutzker demanded that appellant submit the dispute to mediation.

Gerald Filice, an attorney, replied to Lutzker's letter on appellant's behalf.   He denied that appellant had made any misrepresentations, but he  agreed to “undertake” mediation.   He urged Lutzker to submit the names of potential mediators.

In the weeks that followed, Lutzker and Filice exchanged a series of letters trying to select an appropriate mediator.   That process was still not complete by late June 1998, and Lutzker became concerned that the statute of limitations for certain claims respondents had against appellant might pass.   Hoping to “avoid [an] unnecessary legal action” Lutzker drafted an agreement and sent it to Filice, asking him to waive “all applicable statutes of limitations during the time when we are attempting to resolve the dispute through mediation and arbitration.”

Filice refused to sign the agreement.   Therefore, on July 2, 1998, Lutzker filed a complaint against appellant on respondents' behalf.   Respondents did not intend to proceed with the litigation.   They filed the complaint solely to preserve their legal rights.   In fact, Lutzker prepared a stipulation proposing to stay the action pending the conclusion of the arbitration.

The mediation was conducted in September 1998.   It was unsuccessful.   The parties then proceeded to arbitration.

An arbitration hearing was conducted before an attorney selected by the parties, William L. Nagle, on three days in January and February 2001.   During the arbitration, both parties agreed that the issue of attorney fees would be litigated after the arbitrator had issued his initial award.

On February 15, 2001, the arbitrator issued his award and memorandum of decision.   He ruled respondents were entitled to $100,000 in damages, but that those damages were subject to a $50,000 setoff based on sums respondents had received from their broker and real estate agent.   Thus respondents were awarded $50,000 from appellant.   The arbitrator also ruled respondents were the prevailing parties and that they were entitled to their attorney fees and costs under the terms of the arbitration agreement.

On April 3, 2001, respondents filed a memorandum with the arbitrator setting forth the fees and costs they had incurred.   Appellant then filed what he described as a motion to strike and to tax costs.   He raised two issues that are relevant here.   First, appellant argued the arbitrator exceeded his authority when he awarded attorney fees and costs to respondents because respondents had filed a complaint before the mediation hearing.   According to appellant, that act (filing the complaint) precluded an award of fees and costs under the terms of the purchase agreement.   Second, appellant argued the arbitrator lacked jurisdiction to award fees and costs because respondents' application  for those fees and costs was a “correction” to the arbitration award that was not “timely” under the California arbitration statutes.  (See Code Civ. Proc.,1 § 1280 et seq.)

The arbitrator held a hearing on the fee request on May 14, 2001.   On May 31, 2001, the arbitrator issued his written ruling awarding respondents $83,289.75 in attorney fees, plus $13,638.95 in costs.

Appellant then filed a petition in the San Mateo Superior Court seeking to correct the arbitration award.   As is relevant here, he raised the same two issues that he raised before the arbitrator in his motion to strike and to tax costs.

On June 18, 2001, respondents filed a petition to confirm the arbitration award.

Both petitions were heard by the court at a hearing on July 17, 2001.   The court denied appellant's motion to correct the award and granted respondents' request to confirm.   In addition, the court awarded respondents an additional $3,690 in attorney fees.   This appeal followed.

II. DISCUSSION

A. Did the Arbitrator Exceed his Power?

 Appellant contends the trial court should have granted his motion to correct the arbitration award because the arbitrator exceeded his powers when it awarded attorney fees and costs to respondents.   Whether the arbitrator exceeded his powers presents a question of law that we decide de novo on appeal.  (Creative Plastering, Inc. v. Hedley Builders, Inc. (1993) 19 Cal.App.4th 1662, 1666, 24 Cal.Rptr.2d 216.)

 The pivotal question a court must answer when deciding whether an arbitrator exceeded his powers is whether the arbitrator had the authority to rule on a particular issue under the terms of the controlling arbitration agreement.  (Creative Plastering, Inc. v. Hedley Builders, Inc., supra, 19 Cal.App.4th at p. 1666, 24 Cal.Rptr.2d 216;  Southern Cal. Rapid Transit Dist. v. United Transportation Union (1992) 5 Cal.App.4th 416, 422, 6 Cal.Rptr.2d 804;  cf.  DiRussa v. Dean Witter Reynolds, Inc. (2d Cir.1997) 121 F.3d 818, 824.)   Here, the purchase agreement contains a clause that specifically authorized an award of attorney fees and costs.   It states, “Should any legal or  equitable action, arbitration or other proceeding between Buyer and Seller arise out of this agreement, the prevailing party shall be awarded reasonable attorney's fees and court or arbitration costs in addition to any other judgment or award.”   Clearly the arbitrator had the power to award fees and costs.

Appellant contends the arbitrator exceeded his powers because he awarded fees and costs to respondents even though such an award was prohibited under the facts of this case.   Appellant bases his argument on the mediation clause contained in the purchase agreement, which states in part, “Buyer [and] Seller ․ agree to and shall mediate any dispute or claim between them arising out of this contract․ The mediation shall be held prior to any court action or arbitration․ Should the prevailing party attempt an arbitration or a court action before attempting [to] mediate, THE PREVAILING PARTY SHALL NOT BE ENTITLED TO ATTORNEY FEES THAT MIGHT OTHERWISE BE AVAILABLE TO THEM IN A COURT ACTION OR ARBITRATION․” (Italics in original.)   Appellant contends respondents were not entitled to fees and costs under this language because they filed a complaint against him before the mediation hearing and thus they “attempt[ed] ․ a court action before attempting [to] mediate.”   Under these circumstances, appellant contends, the arbitrator exceeded his powers when he made such an award.

We must reject appellant's argument.   The arbitration clause in the purchase agreement states that the arbitrator was authorized to decide “[a]ny dispute or claim in law or equity arising out of this contract or any resulting transaction․” One dispute or claim the arbitrator was authorized to decide under this broad language was whether respondents had in fact “attempt[ed] ․ a court action before attempting [to] mediate.”   By rejecting appellant's motion to strike and to tax costs, the arbitrator impliedly concluded respondents had not “attempt[ed] ․ a court action before attempting [to] mediate.”  (Cf. Rosenquist v. Haralambides (1987) 192 Cal.App.3d 62, 67, 237 Cal.Rptr. 260 [“courts must indulge every reasonable intendment to give effect to arbitration proceedings”];  Griffith Co. v. San Diego Col. for Women (1955) 45 Cal.2d 501, 516, 289 P.2d 476, [same];  see also Advanced Micro Devices, Inc. v. Intel Corp. (1994) 9 Cal.4th 362, 381, 36 Cal.Rptr.2d 581, 885 P.2d 994 [courts must defer to an arbitrator's implied findings].)   The arbitrator did not “exceed his powers” when he decided an issue he was clearly authorized to decide.

 Appellant seems to contend that because respondents filed a complaint against him before the mediation hearing the arbitrator had no alternative but to conclude that respondents had “attempt[ed] ․ a court action before attempting [to] mediate.”   However “the merits of a controversy that  has been submitted to arbitration are not subject to judicial review.   This means that we may not review the validity of the arbitrator's reasoning, the sufficiency of the evidence supporting the award, or any errors of fact or law that may be included in the award.”  (Harris v. Sandro (2002) 96 Cal.App.4th 1310, 1313, 117 Cal.Rptr.2d 910.)

 Our deference to the arbitrator's implied ruling should not be interpreted as meaning that we somehow disagree with his decision.   Absent a restriction to the contrary, “ ‘arbitrators ․ may base their decision upon broad principles of justice and equity, and in doing so may expressly or impliedly reject a claim that a party might successfully have asserted in a judicial action.’ ” (Moncharsh v. Heily & Blase (1992) 3 Cal.4th 1, 10-11, 10 Cal.Rptr.2d 183, 832 P.2d 899, quoting Sapp v. Barenfeld (1949) 34 Cal.2d 515, 523, 212 P.2d 233.)  “ ‘[A]rbitrators are not bound to award on principles of dry law, but may decide on principles of equity and good conscience, and may make their award ex aequo et bono [according to what is just and good].’  ” (Id. at p. 11, 10 Cal.Rptr.2d 183, 832 P.2d 899, quoting Muldrow v. Norris (1852) 2 Cal. 74, 77.)

Here, the evidence shows respondents filed a complaint against appellant prior to the mediation hearing.   However, the evidence also shows respondents only did so because the statute of limitations for some of their claims was about to pass, and appellant's counsel refused to sign an agreement waiving the statute of limitations.   Furthermore, the evidence shows respondents did not intend to pursue the suit, and that they filed it only to preserve their legal rights.   The arbitrator reviewing this evidence could reasonably conclude respondents did not, in any real sense, “attempt ․ a court action before attempting [to] mediate.”

Appellant's final argument on this issue is that the arbitrator exceeded his power as that concept is interpreted in DiMarco v. Chaney (1995) 31 Cal.App.4th 1809, 37 Cal.Rptr.2d 558.   We disagree.   In DiMarco, the parties to a real estate transaction submitted their dispute to arbitration under a contract that said the prevailing party “shall be entitled to reasonable attorney's fees and costs.”  (Id. at p. 1812, fn. 1, 37 Cal.Rptr.2d 558.) The arbitrator ruled the seller was the prevailing party but declined to award her fees and costs.   The appellate court ruled the arbitrator had exceeded his powers under those circumstances because “having made a finding [the seller] was the prevailing party, the arbitrator was compelled by the terms of the agreement to award her reasonable attorney fees and costs.”  (Id. at p. 1815, 37 Cal.Rptr.2d 558.) 2

DiMarco is distinguishable because here, the arbitrator did not find that respondents had “attempt[ed] ․ a court action before attempting [to]  mediate.”   Indeed precisely the opposite is true.   By rejecting appellant's motion to strike and tax costs, the arbitrator impliedly made an opposite finding.  DiMarco is inapposite.

We conclude the arbitrator did not exceed his powers when he awarded respondents their attorney fees and costs.3

B. Did the Arbitrator Err Procedurally when he Awarded Attorney Fees and Costs? **

III. DISPOSITION

The judgment confirming the award and denying appellant's petition to correct the award is affirmed.

FOOTNOTES

FN1. Unless otherwise indicated, all further section references will be to the Code of Civil Procedure..  FN1. Unless otherwise indicated, all further section references will be to the Code of Civil Procedure.

2.   Our Supreme Court recently took note of the decision in DiMarco but declined to decide whether its reasoning was correct. (See Moshonov v. Walsh (2000) 22 Cal.4th 771, 779, 94 Cal.Rptr.2d 597, 996 P.2d 699.)   We too need not state an opinion on the issue because the case is distinguishable.

3.   Having reached this conclusion, we need not reach respondents' argument that any limitation on the right of the prevailing party to recover attorney fees would be unenforceable.

FOOTNOTE.   See footnote *, ante.

JONES, P.J.

We concur:  STEVENS and SIMONS, JJ.

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Walnut Creek Chief Joel Bryden




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The Funeral of Nathaniel Greenan and the murder of Alicia Driscoll and daughter

pcb_James_Greenan

Super Lawyer James Greenan

Surrounded by family with his son Nate Greenan lying in casket.

Super Lawyer James Greenan

Surrounded by family with his son Nate Greenan lying in casket.

Victim: Nathaniel Greenan

  • Sister: Cecilia Greenan Ashcroft
  • Sister: Nancy Greenan Hamil
  • Father: James Greenan
  • Brother in-law: Dax Craven, disbarred represented Bennett who lost his sons to the Mormons
Oracle and 9/11
Profile of Oracle employee Todd Beamer killed during WTC Attacks.
Larry Ellison
Connecting Larry Ellison ownership of Knowledge Universe which owns Kinder Care, Leap Frog and other entities.
>

Contra Costa Stupid Lawyers

Surrounded by the greedy Alamo 1st Mormon Ward

James S. Greenan
Profile and history of James S. Greenan
Richard Rainey and the Mormons
In the matter of Bennett vs. Southern Pacific a witness murder went down in 1989. The witness was slated to testify on behalf of Pete Bennett. The case fell apart on the courthouse steps. Judge Peter Spinetta should be a hostile witness now living in Darby Montana.

Alicia Driscoll and daughter Jineva

She was murdered sometime between our last conversation about the picinic.

The Unnoticed Lies of the Investigators

Sadly few noticed that Alicia Driscoll brother name was all over the CalFire Pipeline Safety Reports

The Unnoticed Lies of the Investigators

During the court proceedings no one ever mentioned that the sister of Mountain Cascade employee Joe Driscoll had been murdered. Not even the district attorney or her other brother Commander George Driscoll of CalDOJ or Contra Costa DA Inspector. That also suggests they have connections to the Contra Costa Narcotics Taskforce (CNET

Victims and Witnesses
  • Victim 1: Alicia Driscoll
  • Victim 2: Jineva Driscoll (5)
  • Witness 3: Joe Driscoll, brother of Alicia Residence: Norris Road Walnut Creek
  • Witness 4: Joe Driscoll, brother of Alicia Residence
  • Friend 1: Pete Bennett
Norris Road Walnut Creek
Norris Road Walnut Creek
  • Details: Shared house in title and residence.
  • Friend 1: Pete Bennett
  • First Contact: 161 Valle Vista Danville CA, responded to classified ad posted in regards to PLAY STRUCTURE "for sale" Alicia passed but suspect she didn't have funds 
Connecting Events (December 2004)
  • Dec. 2004 ~ Bennett lists backyard play structure on Craigslist ~ Alicia Driscoll responds but declines likely due to lack of funds.
  • Dec. 2004 ~ Bennett sells structures to unknown person in white van. Bennett realizes later unknown person was Nathaniel Greenan son Contra Costa Bar President James S. Greenan
Walnut Creek McDonalds
  • Bennett was stationed at the Walnut Creek McDonalds using Wifi
  • Alicia and daughter were regulars visitors
  • Over a period of month a friendship developed
The Final Call from Alicia
  • During June Alicia called suggesting a picnic with mutual children ;
  • The call was early in the week
  • The plans were set but the date/time would be set via the next call
She never called
What happened next is Pete attempted to reach her via email and phone.
  • Bennett tried to call to get the date and time.
  • Bennett reached out several times with no luck
  • Bennett read part of the article about a mom and daughter murdered but failed to make the connection to his friend as the names withheld pending notification
The Corrupted DA and Attorneys
Pete Bennett in the middle of a caustic divorce which included arson, muggings, tickets and court hearings while his customers vanished. What Bennett didn't know in 2005 the police scandal that spilled out in 2011 was his same adversaries for close to ten years.
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Nancy Templeton City of Walnut Creek Code Enforcement (Homeless Harassment Specialist)

Source of Witness Intimidation 

A victim or witness should routinely receive information on steps that law enforcement officers and attorneys for the Government can take to protect victims and witnesses from intimidation





Nancy Templeton

Code Enforcement Officer at City of Walnut Creek

City of Walnut Creek Diablo Valley College

Benicia, California57 connections

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Experience


    • Code Enforcement Officer

      City of Walnut Creek

      Jan 2013 – Present7 years 8 months

      Walnut Creek, Ca

      Provides information to the public on nuisance and zoning ordinance requirements and compliance; provides notification of violations to property owners and achieves compliance by voluntary compliance and when necessary by issuing warnings and citations; locates owners of property using tax rolls, maps, and court records. Investigates reports of violations of laws relating to nuisances and zoning; monitors sites for compliance, conducts follow-up investigations, and oversees abatement of violations. Coordinates with and performs joint inspections with other City departments and outside agencies; may assist planning staff in updating zoning maps and in investigating permit and variance applications. Keeps field notes, takes photographs and writes letters and notices; prepares detailed written reports and routine correspondence; provides evidence and testimony at City hearings and in court; maintains inspection files and records; attends meetings and conferences as assigned.

    • Community Preservation Officer

      City of Emeryville

      2001 – Jul 2012 11 years

      City’s representative to manage and administer the Community Preservation program including the enforcement of a variety of occupancy, public nuisance, zoning and land use regulations. Work closely with subcontractors, residences and commercial establishments. Coordinate, monitor and disperse Redevelopment Agency and CDBG (Community Development Block Grants) funding. Responsible for both the Housing Rehabilitation and Code Enforcement budgets. The total combined annual budgets for these projects amount to approximately $800,000. I am the Economic and Community Development Department’s contact to the Finance Department regarding any budget issues concerning payment vouchers and purchase orders from my programs. Assist with the development of the Economic Development & Housing Department annual budget. Frequently called upon to provide project and budget audits for Economic Development & Housing Department. Investigate issues related to suspected code, ordinance, building and conditions of approval violations. Conduct in-the-field investigations to verify violations; advise individuals of violations and the methods of abatement; issue any appropriate warning or violation notice. Work with City Attorney to seek abatement through voluntary compliance or, as necessary, through direct enforcement activity. Perform outreach, marketing and administration of available programs for property improvement and rehabilitation; including the housing rehabilitation program, landscaping, fence grant programs and the first fully ADA compliant community garden. Provide public education regarding compliance with municipal codes and ordinances; when necessary explain related zoning subdivision or other related regulations to property owners and the general public. Responsible for handling and processing all requests for the city assisted rehabilitation programs. On average, handle from initiation to completion approximately 21 projects per year.

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    • Code Enforcement Officer

      Town of Danville

      May 1997 – May 20014 years 1 month

      Research background information on code enforcement complaint properties and conduct field investigations of potential code violations. Issue verbal and/or written warnings, correction letters and notices of violation to any non-compliant citizens. Assisted the Building Department by providing inspection of roof and water heater permits. Meet with property owners, tenants and business operators to review and explain code requirements and potential violations. Work cooperatively...

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    • Deputy Sheriff

      Contra Costa County Office of the Sheriff

      Apr 1982 – May 199513 years 2 months

      The county of Contra Costa is a rapidly growing, extremely diversified community. The population within the county is 948, 816 of which approximately 155,000 live within the unincorporated county areas. The Office of the Sheriff provides service for citizens ranging from the very wealthy, living in affluent areas to those who are completely dependent on welfare and live in county subsidized housing. The department has approximately 1000 employees; about 800 are sworn law enforcement officers, 4 Commanders, 8 Captains, 31 Lieutenants, 200 Sergeants, and 600 Deputy Sheriff’s. Duties have varied according to each assignment. Initially worked in Detention Division, then Patrol Division, and a few temporary assignments in Investigation and Administration Divisions. As a Deputy Sheriff in Detention, assigned to the Sheriff's Main Detention Facility, my responsibilities included the care, custody and control of over 790 incarcerated inmates. The housing unit Deputy was responsible for the supervision of 65-100 incarcerated inmates at any given time. While employed as a Deputy Sheriff, I was required daily to document detailed reports concerning incidents, crimes or civil events that were highly scrutinized by District and Defense Attorneys or other legal personnel. These reports were vital for potential prosecution and personal recall of critical events or circumstances. As a Patrol Division Officer, I worked as a “beat” officer and responded to various crimes in progress to apprehend suspects and/or investigate penal code, health & safety code or vehicle code violations. Worked in the Marine Patrol unit investigating boating accidents and providing boating safety. Frequently testified in Superior Court as a witness in criminal or civil related matters. A physical injury while performing my duties resulted in a permanent medical disability of my right knee and caused me to accept a medical retirement from active law enforcement service.

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    Education

    • Diablo Valley CollegeDiablo Valley College

      Diablo Valley College

      Associate of Arts (A.A.)Administration of Justice

      1978 – 1981

    • Los Medanos CollegeLos Medanos College

      Los Medanos College

      Associate of Arts (A.A.)Police Academy

      1978 – 1978

      California Basic Police Officer Academy

    Nancy

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Homeless patrol making a difference in Walnut Creek

Homeless patrol making a difference in Walnut Creek

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By Leslie Brinkley
Wednesday, September 18, 2019
WALNUT CREEK, Calif. (KGO) -- Walnut Creek this summer launched a new homeless patrol comprised of two police officers dedicated to following up on calls about transients. So far it's working, and other communities are looking to try something similar.

It all comes down to communication. Officers get to know the homeless by name, understanding their backstory to get them into the services and programs they need.

RELATED: Mobile hygiene unit for homeless 'CleanStart' launches in East Bay

On a ride-along, ABC7 news captured an arrest for possessing 10 grams of meth. Enough for 100 hits. It was in the possession of a homeless man living along the creek adjacent to Broadway Plaza shopping center-- he was arrested.

Officers connected with 66-year-old Wayne Malmgren who was once a guitarist. He was near the Whole Foods store in Walnut Creek with his wheelchair and several signs asking for assistance. Since his stroke, he has been homeless in Walnut Creek for a year.

Officer Domenick Clemente approached Wayne saying, "Hey Wayne-- you know the last time we spoke to you you were doing pretty well and you said you were waiting for housing so I want to find out how we can move this forward."

Malmgren said the officer's lookout for him.

RELATED: Looking for Answers: Homelessness in the Bay Area

"They make sure I don't screw up, which I can do. And trying to get me help."

Officer Clemente said, "Wayne knows he's doing really well. We're really proud of him. We're no longer getting six calls a day of a male drunk in the middle of the day lying in a crosswalk. "

Officers said 60 percent of the calls coming into Walnut Creek police are now about transients. Recently they moved out a camp on Jones Road wedged between the BART tracks and 680. There is a lot of garbage left behind that can cost tens of thousands of dollars to clean up.

Officer Gary Silva on the homeless patrol said, "The last individual I talk to on main street was from Pacheco. I said what are you doing here? He said I'm here to make money. I said how much did you make? He said $80. I said how long have you been here? He said 20 minutes. I said why did you come to Walnut Creek? He said because I can make more money here. I mean what do you say to that?"

RELATED: Fremont moves forward with homeless navigation center behind city hall

The police here say giving money can fuel drug addiction, that it's better to donate to agencies that can help the homeless like Trinity Center.

One officer said if they hold up a sign saying "anything will help" in this affluent community, they can make $40 an hour. At the holidays perhaps $100 an hour.
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Zachary Stratton Smith

Zachary Stratton Smith and Chelsea Paige Smith missing from Antioch, CA, since December, 1997/ Believed to be with mother, Elizabeth Ann Stratton

Post by Guest on Thu Dec 17, 2009 12:05 pm
Zachary Stratton Smith and Chelsea Paige Smith missing from Antioch, CA, since December, 1997/  Believed to be with mother, Elizabeth Ann Stratton Foster14
Zachary Stratton Smith and Chelsea Paige Smith missing from Antioch, CA, since December, 1997/  Believed to be with mother, Elizabeth Ann Stratton Stratt10
Aliases: Elizabeth Ann Gould, Elizabeth Ann Mahon, Elizabeth Ann Pugh, Elizabeth Ann Smith, Beth Ann Smith, "Betty", "Beth"



DESCRIPTION
Date of Birth Used: November 3, 1958 Hair: Blonde
Place of Birth: Inglewood, California Eyes: Blue
Height: 5'7" Sex: Female
Weight: 140 pounds Race: White
Occupation: Lab Technician
Remarks: Stratton was a heavy smoker at the time of her disappearance. She may wear glasses. Stratton may have dyed her hair red or bleached it blonder. Stratton and her two children were all issued United States passports in August of 1997. She should be considered a flight risk.



THE CRIME
On December 16, 1997, Elizabeth Ann Stratton fled her Antioch, California, home with her two non-custodial children, then 9-year-old Zachary Stratton Smith and then 6-year-old Chelsea Paige Smith. On December 19, 1997, a letter written by Stratton arrived at the Contra Costa County District Attorney's Office stating that she had taken the children, left California, and did not want anyone to find her or the children. Stratton was in the middle of a child custody dispute with her ex-husband at the time.

Her vehicle was later found parked at the Sacramento International Airport in Sacramento, California. It is believed that Stratton and her children may have made contact with a group in Atlanta, Georgia, which assists women and children who claim to need protection from abusive husbands and parents.

A local complaint and arrest warrant for Stratton were issued by the Municipal Court in December of 1997 and she was charged with parental kidnapping. A federal warrant for Stratton for unlawful flight to avoid prosecution was obtained in the Northern District of California on January 12, 1998.
Zachary Stratton Smith and Chelsea Paige Smith missing from Antioch, CA, since December, 1997/  Believed to be with mother, Elizabeth Ann Stratton Stratt11
Zachary Stratton Smith and Chelsea Paige Smith missing from Antioch, CA, since December, 1997/  Believed to be with mother, Elizabeth Ann Stratton Stratt12

VICTIM - Zachary Stratton Smith
Date of Birth Used: August 16, 1998 Hair: Blond
Place of Birth: Berkeley, California Eyes: Blue
Height: 4'8" (at the time of his disappearance) Sex: Male
Weight: 71 pounds (at the time of his disappearance) Race: White
Remarks: Zachary would now be twenty years old. He may also use the first names of Zachariah or Zach. He has a small surgical scar on his neck. At the time of his disappearance, Zachary had braces on his teeth, wore glasses, and had a pierced left ear.
Zachary Stratton Smith and Chelsea Paige Smith missing from Antioch, CA, since December, 1997/  Believed to be with mother, Elizabeth Ann Stratton Stratt13
Zachary Stratton Smith and Chelsea Paige Smith missing from Antioch, CA, since December, 1997/  Believed to be with mother, Elizabeth Ann Stratton Stratt14

VICTIM - Chelsea Paige Smith
Date of Birth Used: July 14, 1991 Hair: Blonde
Place of Birth: Oakland, California Eyes: Blue
Height: 4'1" (at the time of her disappearance) Sex: Female
Weight: 55 pounds (at the time of her disappearance) Race: White
Remarks: Chelsea would now be 17 years old. She has two small surgical scars on her neck. She has pierced ears and curly hair.
IF YOU HAVE ANY INFORMATION CONCERNING THIS CASE, PLEASE CONTACT YOUR LOCAL FBI OFFICE OR THE NEAREST AMERICAN EMBASSY OR CONSULATE.


ROBERT S. MUELLER, III
DIRECTOR
FEDERAL BUREAU OF INVESTIGATION
UNITED STATES DEPARTMENT OF JUSTICE
WASHINGTON, D.C. 20535
TELEPHONE: (202) 324-3000
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The Disappearance of Elizabeth Stratton and Captain Neil Stratton of the Walnut Creek Police Department

Elizabeth Stratton vanished in 1997,

The Disappearance of Elizabeth Stratton and Captain Neil Stratton of the Walnut Creek Police Department  Officer Lester Garnier murdered in 1988, Dr. Kim Fang murdered in 2000, Cynthia Kempf murdered in 1988, Timothy Lee in 1984, Tanjah Poe 1985, The Ringheims 1986, Bernard Bynum 1982, and the band plays on?




Captain Neil Stratton

Elizabeth Stratton vanished, her car found at the Sacramento Airport but she is married to Neil Stratton of the Walnut Creek Police Department. The same city where San Francisco Officer Lester Garnier was found dead in 1988 located at the Ross Stores parking lot.



Case PROMSP98-00925 - TRUST OF ELIZABETH L. STRATTON


Case PROMSP98-00925 - Complaints/Parties

Complaint Number:1
Complaint Type:Pre-JBSIS
Filing Date:07/15/1998
Complaint Status:ACTIVE
Party NumberParty TypeParty NameAttorneyParty Status
PLAINTIFF NEIL R. M. STRATTON  BRAY, OLIVER W. 
PLAINTIFF CHRISTINE CALLIS CHITLIK  BRAY, OLIVER W. 
PLAINTIFF DANIEL M. CALLIS III  BRAY, OLIVER W. 
DEFENDANT ELIZABETH L. STRATTON  Unrepresented Serve Required (WaitS) 


Case PROMSP98-00925 - Actions/Minutes

Viewed
Date
Action Text
Disposition
Image
08/24/1998 DECL.RE POUROVER WILL, IRA BENEFICIARY DESIGNA-TION & DISCLAIMER    
08/24/1998 ORDER DETERMINING TRUST ASSETS FILMED: 8-24-98    
08/24/1998 COPY & CERTIFICATIONS    
08/24/1998 PROOF OF SERVICE BY MAIL RE: ORDER DETERMINING T RUST ASSETS    
08/24/1998 8:00 AM DEPT. 37 PETN TO DETERMINE TRUST ASSESTS (PETRS NEIL STRAT TON, CHRISTINE CHITLIK & DANIEL CALLIS, III)  GRANTED   
08/18/1998 DECL OF NEIL RM STRATTON    
07/17/1998 8:00 AM DEPT. 37 PETN TO DETERMINE TRUST ASSESTS (PETRS NEIL STRAT TON, CHRISTINE CHITLIK & DANIEL CALLIS, III)    
07/15/1998 PETITION TO DETERMINE TRUST ASSETS (P-N. STRATTON, C. CHITLIK & D. CALLIS III)    
07/15/1998 NTC OF HRG RE PETITION TO DETERMINE TRUST ASSETS 8/24/98 11AM D51    




Case PROMSP98-00925 - Pending Hearings

Date
Action Text
Disposition
Image
This Case Does Not Have Any Pending Hearings

A Civil Case involving Captain Stratton


A familiar pattern where there are two courtroom standards. Friends in Law Enforcement and regular constituents are treated different. This is where the Contra Costa Bar Association mangles case outcomes.

Around 1980 or later Pete Bennett was injured to two separate car accidents on Willow Pass Road.  The injuries affected a new cabinet shop but the cases just like others that came later there was little police follow-up.  

These accidents occurred right a series of homicides at the end of Santa Monica Drive in 1979. 




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Case PROMSP98-00925 - TRUST OF ELIZABETH L. STRATTON


Case PROMSP98-00925 - Complaints/Parties

Complaint Number:1
Complaint Type:Pre-JBSIS
Filing Date:07/15/1998
Complaint Status:ACTIVE
Party NumberParty TypeParty NameAttorneyParty Status
PLAINTIFF NEIL R. M. STRATTON  BRAY, OLIVER W. 
PLAINTIFF CHRISTINE CALLIS CHITLIK  BRAY, OLIVER W. 
PLAINTIFF DANIEL M. CALLIS III  BRAY, OLIVER W. 
DEFENDANT ELIZABETH L. STRATTON  Unrepresented Serve Required (WaitS) 


Case PROMSP98-00925 - Actions/Minutes

Viewed
Date
Action Text
Disposition
Image
08/24/1998 DECL.RE POUROVER WILL, IRA BENEFICIARY DESIGNA-T ION & DISCLAIMER    
08/24/1998 ORDER DETERMINING TRUST ASSETS FILMED: 8-24-98    
08/24/1998 COPY & CERTIFICATIONS    
08/24/1998 PROOF OF SERVICE BY MAIL RE: ORDER DETERMINING T RUST ASSETS    
08/24/1998 8:00 AM DEPT. 37 PETN TO DETERMINE TRUST ASSESTS (PETRS NEIL STRAT TON, CHRISTINE CHITLIK & DANIEL CALLIS, III)  GRANTED   
08/18/1998 DECL OF NEIL RM STRATTON    
07/17/1998 8:00 AM DEPT. 37 PETN TO DETERMINE TRUST ASSESTS (PETRS NEIL STRAT TON, CHRISTINE CHITLIK & DANIEL CALLIS, III)    
07/15/1998 PETITION TO DETERMINE TRUST ASSETS (P-N. STRATTO N, C. CHITLIK & D. CALLIS III)    
07/15/1998 NTC OF HRG RE PETITION TO DETERMINE TRUST ASSETS 8/24/98 11AM D51    




Case PROMSP98-00925 - Pending Hearings

Date
Action Text
Disposition
Image
This Case Does Not Have Any Pending Hearings
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