The Anatomy of Public Corruption

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Walnut Creek: City manager gets raise, with one councilmember saying he should resign instead


Walnut Creek: City manager gets raise, with one councilmember saying he should resign instead

UPDATED:   12/17/2014 12:20:36 PM PST



WALNUT CREEK -- While the majority of the council Tuesday described City Manager Ken Nordhoff as an excellent leader, praising his management style and saying he deserves a raise, one council member said the city's top chief should resign and has broken the public's trust.
In a blunt and a searing rebuke of Nordhoff, City Councilman Justin Wedel launched into a verbal attack. he said that, based on the city manager's handling of a scandal involving a city employee and abuse at the Lesher Center in 2012, he has proved to be untrustworthy.
"To be clear, the city manager lied directly, or though admission, to me, other council members, to the council as a whole, and to the community, breaking the city's long-standing trust with the community," Wedel said.
 Walnut Creek City Manager Ken Nordhoff, 2010.
This is all fallout from the handling of Lesher Center employee Jason Pedroza, fired in 2012 for inappropriate behavior with teenage girls. This eventually led to internal and criminal investigations into fellow employees' possible failure to report child sex abuse to Walnut Creek police. Last year, Pedroza pleaded guilty in Contra Costa Superior Court to child sexual abuse charges.
While all city employees were cleared of any wrongdoing, and four placed on paid leave by Nordhoff were later brought back, an independent investigation report revealed Nordhoff and others knew of accusations against Pedroza earlier than council members originally thought. Some of the affected employees have since resigned.

"While you may disagree completely with many, if not all of my statements, there is no denying the fact that you have outright failed, by your own admission, in the moral and ethical foundation necessary for your position," he said.
While many in the city have worked to move on, Wedel brought all of this up again Tuesday as the council decided whether or not to give Nordhoff a 2.5 percent raise, making his yearly salary $225,030. In the end, the council voted 4-1 to give him the raise -- but not before Wedel implored Nordhoff to resign.
For his part, Nordhoff sat silently. But other council members shook their heads during many of Wedel's comments and blasted his remarks as untrue.
Councilwoman Cindy Silva, on the council when Nordhoff was hired, said he has exceeded expectations. She called him ethical, open and honest, but said she made her decision to give him a raise because of all he has done for this city and what the community's achievements have been under his tenure. She cited everything from improved fiscal strategies to economic development to a fully staffed police force.
"All of this couldn't have been done and achieved without your leadership," Silva said. "We hear repeatedly from your city staff ... that you are the city manager that they want to work for."
Wedel alleged that he and former Mayor Kristina Lawson have tried to prevent "the spectacle that will be occurring here tonight" for months. The decision on Nordhoff's contract occurred at the first meeting after the departure of Lawson, Wedel noted, "removing an additional voice of dissension against the city manager."
Lawson had been vocal in the past, criticizing Nordhoff's handling of the Lesher Center crisis.
New Councilman Rich Carlston said he couldn't comment on Wedel's views on the "Pedroza matter" because he was out of town on a religious mission when that occurred. He pointed out that there are now proper mandated reporting policies in place in Walnut Creek. And from his interactions with Nordhoff he finds his leadership to be inclusive and his service warrants a pay increase. Carlston also noted that the executive staff has received a 5 percent salary increase over the last few years, while Nordhoff has received none.
Wedel later shot back that even though Carlston may not have been in town during the Pedroza investigation, an independent report specifically said Nordhoff was evasive.
"We need to be setting the ethical standard that you are to tell the truth, you are to be forthright and honest and most importantly that you need to follow through with the most important assets of our community, our children," Wedel said.
Mayor Bob Simmons said he flatly disagreed with Wedel's characterization of events as well as his description of Nordhoff's actions.
In the past, Nordhoff has said he never intentionally lied or misled anyone in regards to the Pedroza investigation. Nordhoff's new contract and raise begin Jan. 1.
Contact Elisabeth Nardi at 925-952-2617. Follow her on Twitter.com/enardi10
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Walnut Creek man hit by car in Concord dies from injuries



POSTED:   01/25/2016 10:08:13 AM PST0 COMMENTS| UPDATED:   ABOUT 5 HOURS AGO


MARTINEZ -- A 64-year-old Walnut Creek man struck by a vehicle Saturday night has died, authorities said Monday.
Patrick Ennis was hospitalized after being struck around 6:36 p.m. on Oak Grove Road near Smith Lane, about a block from St. Francis of Assisi Church. He died on Sunday.
Concord police said the driver was 48 years old and that drugs and alcohol do not appear to be a factor in the collision. Police have not released any other details, including whether Ennis was in a crosswalk or whether the driver may have been speeding.
Calls to the Concord police early Monday were not returned.
Anyone with information or who may have witnessed the crash was encouraged to call the Concord Police Department at 925-671-5997.
Contact Rick Hurd at 925-945-4789 and follow him at Twitter.com/3rderh
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BART: Robert Semour South Carolina

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San Bernardino Tragedies

Former BART officer and wife from Livermore dead in North Carolina murder-suicide

Posted:   12/05/2012 11:06:34 AM PST0 Comments | Updated:   3 years ago

A retired BART police officer and former Livermore resident shot and killed his wife and then turned the gun on himself Monday in what the North Carolina state medical examiner is ruling a murder-suicide.

Robert Seymore and Amber Seymore, both 38, were found shot dead by Amber Seymore's mother in an upstairs room of their Holly Springs, N.C., home, according to a report from the News & Observer. The woman reportedly discovered the grisly scene when she went upstairs to tell the couple, who have three children, that she was taking their daughter to day care.

The woman, whose name has not been released, told 911 dispatchers when she found her daughter's body that her "son-in-law killed her. He killed her, she's dead." Medical examiners' reports later confirmed the woman's suspicions.

Amber Seymore's mother reportedly grabbed the youngest child and ran to a neighbor's house to call 911, police said. The couple's older children were at elementary school at the time of the shooting.

"He's laying on the floor," she cried into the receiver. "They're not moving, neither one of them. I got the baby. I think they're both dead."

Police did not disclose a possible motive, though Amber Seymore's mother told 911 dispatchers that her son-in-law had "just been caught" having two affairs, the news report said. Amber Seymore also called 911 the day after Thanksgiving for a domestic violence incident in which she planned to confront him for his infidelities, and reported that he "had a gun on him and a really bad temper."

Robert Seymore worked for the BART police department as a canine officer from 2001 to 2011, BART Police Operations Deputy Chief Benson Fairow said. According to his LinkedIn page, the retired canine and explosive detection handler had settled into the role of stay-at-home father since moving to North Carolina.

Grief counselors have been made available to all members of the BART police department, Fairow said.

"We're dealing with the loss of one of our own," Fairow said. "Any time there's a situation like that, it is a tragedy for all those involved, all left behind. Our thoughts go out to the friends and the family."

Amber Seymore, a graduate of Monte Vista High School in Danville, worked in sales at Anixter. a communications supply company with offices in Pleasanton, for 12 years before moving to North Carolina in March 2011.

Contact Erin Ivie at eivie@bayareanewsgroup.com. Follow her at Twitter.com/erin_ivie.

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Concord city attorney remembered as 'one of the good guys'

Concord city attorney remembered as 'one of the good guys'

By Lisa P. White lwhite@bayareanewsgroup.com
Posted:   10/13/2015 07:41:20 AM PDT
2 Comments Updated:   66 min. ago

LAFAYETTE -- Concord City Attorney Mark Coon's funeral Monday at St. Perpetua Catholic Church drew a large crowd of family, friends and colleagues who recalled him as a kind, humble man who deeply loved his family.

Coon, 55, died last week in an apparent suicide. The shock of his sudden death reverberated far beyond Concord, touching the exclusive club of city attorneys and the larger Bay Area legal community.
The funeral Mass opened with a slideshow of snapshots of Coon as a youngster, on his wedding day, cradling his newborn children and with his family.

My meeting in 2012 with Mr. Coon covered suicides 

NYPD Undercover
Phone Numbers 
So much for a
good clean investigation 
Four Suicide Deaths
Fall Down Elevator (defendant)
Accidents
FAMILY CONNECTED
TO JOHN ASHCROFT
In his welcoming remarks, Albany City Attorney Craig Labadie recalled that Coon was unfailingly polite and courteous, possessed a keen intellect, and embodied the concept of public service by trying to do the best for his clients in city government and residents while maintaining high ethical standards. While he excelled in his job, Labadie said, "his real source of happiness was his family."

"I will always remember him as the intelligent, kindhearted, thoughtful person that he was," Labadie said.
Coon was born in New Zealand and spent his early childhood in England. He graduated from UCLA and earned a law degree from UC Hastings College of the Law in 1986. Before joining Concord, Coon worked at the law firms Carroll, Burdick & McDonough and Archer McComas & Lageson in Walnut Creek, where he met his wife, June Bashant. The couple has two children, Nathan, 13, and Lauren, 11.


Coon was hired in 2002 as Concord deputy city attorney. He served as assistant city attorney and senior assistant city attorney before being promoted to city attorney in 2012, replacing Labadie.

The Rev. John Kater said there are two sides to being human -- rejoicing in the great adventure of life and being deeply moved by its hardships.

"Mark embraced the challenge of being human in all its complexity," Kater said.
Although several friends said Coon believed he was fortunate to have built a life with Bashant, she recalled a colleague telling her a few weeks earlier how lucky she was to be married to Coon.

"I was lucky," a tearful Bashant told the gathered mourners. "For 17 years, I had Mark by my side."
Coon was a voracious reader who loved the outdoors and recognized beauty in the small things in life -- from the turning leaves at their Walnut Creek home to the vibrant fish he watched while snorkeling to the breathtaking sunsets at the beach in Carmel, she said. His integrity and character were unimpeachable, Bashant said.

The couple's children were a source of great pride for her husband and are his wonderful legacy, Bashant said. Coon, she added, predicted that Nathan's intelligence would one day land him the top job at Apple and that Lauren would compete at the 2020 summer Olympics as a member of the U.S. gymnastics team.
"They were truly the bright stars in the sky, along with the UCLA Bruins," she said, drawing chuckles from an otherwise somber crowd.

Steve Welch was part of a group of young guys, including Coon, who took hiking and backpacking trips to Yosemite and the Grand Canyon. Welch said he will remember his friend of more than two decades as Coon appeared in a photo from one of those trips, flashing a wide grin at the top of Half Dome.

"He was honest, he was fair, he never bent the rules, he never cut corners," said Welch, an attorney. "He was one of the good guys." Kevin Wong, who developed a close friendship with Coon after their sons started kindergarten at Parkmead Elementary School in Walnut Creek, said he'll miss Coon's wisdom, dry sense of humor and smile that could light up a room.

"Thank you for making me part of your life," said Wong, his voice dissolving into tears. "It's been an honor to be your friend. Please rest in peace."

Lisa P. White covers Concord and Pleasant Hill. Contact her at 925-943-8011. Follow her at Twitter.com/lisa_p_white.
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Warrant: CHP officer says stealing nude photos from female arrestees 'game' happened in L.A., Dublin offices

By Matthias Gafni and Malaika Fraley Contra Costa Times
POSTED:   10/24/2014 01:58:41 PM PDT0 COMMENTS| UPDATED:   16 MIN. AGO
CHP Investigation by the Bay Area News Group

MARTINEZ -- The California Highway Patrol officer accused of stealing nude photos of a DUI suspect from her phone while she was in custody has told investigators such image-stealing has been going on for years in the state law enforcement agency, stretching from its Los Angeles office to his own Dublin station, according to court documents obtained by this newspaper Friday.
CHP Officer Sean Harrington, 35, of Martinez confessed to stealing explicit photos from a second Contra Costa County DUI suspect without her permission in August and forwarding images to at least two other CHP officers. The five-year CHP veteran called it a "game" among officers, according to an Oct. 14 search warrant affidavit. Harrington told investigators he had done the same thing to female arrestees a "half dozen times in the last several years," according to the court records, which included graphic text messages between Harrington and his Dublin CHP colleague Officer Robert Hazelwood.
"There is probable cause to believe that California Highway Patrol Officers Sean Harrington and Robert Hazelwood, and others, both sworn officers and non-law-enforcement persons, engaged in a scheme to unlawfully access the cell phones of female arrestees, by intentionally gaining access to their cell phones and without their knowledge stealing and retaining nude or partially clothed photographs of them," Senior Contra Costa District Attorney inspector Darryl Holcombe wrote. Holcombe wrote that he found probable cause that both officers committed felony computer theft.
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The new court documents show Harrington's alleged August nude photo lifting may not be an isolated scheme, and potentially involves more CHP officers around the state. One DUI case has already been dismissed as fallout from the investigation, and a prosecutor has said that any possible charges against officers could throw any cases in which they are witnesses into question.
No charges have yet been filed in the probe; deputy District Attorney Barry Grove said he expects a decision to be made next week.
"It's going to lead to another level of mistrust and skepticism to the motive of law enforcement in general," said Rick Madsen, an attorney representing the first Jane Doe. "This conduct is theft, and theft is defined as a moral turpitude crime that casts doubt one's character to tell the truth.
"The implications as far reaching and very damaging," Madsen added.
"If an officer knowingly received stolen property, in whatever form, then yeah, they are guilty of criminal offense."
As this newspaper first reported, Holcombe wrote in an earlier search warrant that Harrington allegedly forwarded explicit photos of a 23-year-old San Ramon woman from her phone to his own personal phone during a DUI arrest. The woman, referred to as Jane Doe in court documents, only discovered the theft five days after her release, tipped off because her iPad was synced to her iPhone, and she noticed the mysterious photo texts to an unknown phone number. Holcombe, using video surveillance and time-stamped text messages from the woman's phone, determined Harrington was in possession of the woman's phone at the moment the photos were forwarded. The woman -- who registered a blood alcohol level of .29 percent, more than three times the legal limit -- was being processed in the Martinez County Jail early Aug. 29 when the photos were stolen, according to court records.
Investigators first confronted Harrington on Oct. 10 and advised him a woman had made a complaint that her personal property was stolen. He voluntarily agreed to be interviewed. During questioning, Harrington admitted to stealing five photographs from Jane Doe (investigators have said there were six) and that he forwarded at least one to Hazelwood, according to court records.
"Harrington said he first learned of this scheme when he was working in the Los Angeles Office," Holcombe wrote. "Harrington said when he was assigned to the Dublin Office, he learned from other Officers that they would access the cell phones of female arrestees and look for nude photographs of them. Harrington said if photographs were located, the officers would then text the photographs to other sworn members of the office, and, to non-CHP individuals."
The new court documents describe a second incident in which a 19-year-old woman, referred to as Jane Doe #2, was involved in a DUI crash in Livermore on Aug. 7. On Harrington's phone, Holcombe located two photos of that DUI suspect in a bikini accompanied by a text message from the day of the arrest from Harrington to Hazelwood: "Taken from the phone of my 10-15x while she's in X-rays. Enjoy buddy!!!"
A "10-15x" is CHP code for in custody female and the woman may have been at a hospital to take X-rays after the crash.
Hazelwood replies: "No f---ing nudes?"
Shortly after sending to Hazelwood, Harrington sends another Dublin CHP Officer Dion Simmons the bikini photos with the same message indicating they were of an female arrestee. Simmons texts back "Nice" and "Hahahaaaa" and Harrington replies: "Just rerun a favor down the road buddy. :)"
Holcombe also detailed Aug. 29 text messages between Harrington and Hazelwood discussing the six photos he allegedly forwarded of the first Jane Doe in various states of undress, including one with a friend in the photo.
"Nudes are always better with the face," Hazelwood wrote to Harrington, less than an hour after the latter allegedly stole the woman's photos. Harrington replied: "Maybe she knows she has a jacked up horse face?!?!?"
Hazelwood asked to see her "dl," possibly referring to her driver's license photo and Harrington texted back: "When we get back to office. And we'll have MDF (county jail) mug shot too."
The pair continued the text back-and-forth, commenting on her "rocking" body and breasts.
On Oct. 10, after Harrington spoke to investigators, Hazelwood's supervisor ordered him to report to the DA's office. Shortly after entering the interview room, Hazelwood was advised it was a criminal investigation and he could leave at any time. He got up and exited the room.
But as he was leaving, Holcombe -- who said he worried Hazelwood would delete evidence from his phone after the meeting -- noticed a bulge in the CHP officer's back pocket and asked if he could see his cell phone. Hazelwood asked if he had a search warrant, and Holcombe said he did not, but told the officer he will keep the phone while obtaining one. Hazelwood initially consented to the search, but refused to sign the consent form, the investigator wrote.
Four days later, investigators got the warrant and found the text messages between Hazelwood and Harrington and photos of Jane Doe 2 on Hazelwood's Samsung Galaxy S5, according to the records.
Holcombe wrote he is part of an "investigative team" assigned to probe Harrington, Hazelwood and "others."
The CHP did not immediately to a request for comment on this story. Reached by cell phone Simmons declined to comment and a message was left with Harrington and Hazelwood.
Contact Matthias Gafni at 925-952-5026 or mgafni@bayareanewsgroup.com and Malaika Fraley at 925-234-1684 or mfraley@bayareanewsgroup.com.

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Parents of Walnut Creek man shot to death by police file $15 million lawsuit

Parents of Walnut Creek man shot to death by police file $15 million lawsuit

By Erin Ivie
eivie@bayareanewsgroup.com
Updated:   01/30/2013 08:30:27 AM PST

Click photo to enlarge
Walnut Creek hair dresser Anthony Banta, 22. (Photo Courtesy of Mandy Grainger)
WALNUT CREEK -- The family of a hairdresser killed by Walnut Creek police last month is seeking $15 million in a wrongful-death suit filed against four members of the police department, alleging the 22-year-old man was shot after officers tripped and fell over one another.
Anthony Banta Jr. was killed Dec. 27 when officers say he charged them with a knife after a fight with his roommate in their Creekside Drive apartment. A lawsuit filed Jan. 24 in U.S. District Court in San Francisco maintains the altercation had ended by the time police arrived and that Banta was not armed. The lawsuit says that one officer fired in a panic after reacting to the other officers tripping and falling behind him, and that other officers also opened fire.
Walnut Creek police declined to comment on the lawsuit, referring all questions to James Fitzgerald, an attorney representing the city. Fitzgerald also declined to comment, saying the incident is still being investigated.
Fitzgerald said the joint investigation, which involves the police, the Contra Costa County District Attorney's Office and the Contra Costa Crime Lab, could take at least three months but likely will take longer.
Police Chief Joel Bryden has previously said officers were forced to shoot when Banta came at them with a 10-inch knife.
The family's lawsuit, which names the city and four unidentified officers, said that Banta had just returned to the Bay Area after visiting relatives in Yuba City over Christmas. Banta got into an argument with his roommate, either over jealousy surrounding the roommate's girlfriend or "tidiness, noise or the many things that roommates can argue about," which led the roommate's girlfriend to make a 911 call about 3:15 a.m. reporting that Banta was trying to choke the other man, the lawsuit said.

Dispatchers reported to police that morning that they heard a struggle and a woman screaming on the phone before the 911 call ended abruptly, Bryden said at a Jan. 7 news conference.
Fitzgerald declined Tuesday to release the 911 tapes until the investigation is complete.
According to the complaint, the argument may have led to "throwing beverage cans or bottles, pushing or wrestling," but that the entire fight had ended before police arrived, and that the roommate had even managed to speak on the phone with California Highway Patrol dispatchers.
The lawsuit said Walnut Creek police responded "under cover of night and without a warrant," rushing to the landing of the first-floor stairway, where Banta, a hairdresser at a Walnut Creek salon, appeared at the top "wondering who was in his apartment."
It was when officers arrived at the landing, the
complaint alleges, that one of them backed up, forcing the other officers back, and tripping them to the floor. In the panic that ensued, one officer fired his gun, and the other officers "joined in, repeatedly shooting Anthony to death."Bryden said earlier this month that officers' knocks had gone unanswered, and the four officers walked into the apartment to find Banta at the top of the stairs, clutching a chef's knife with a 10-inch blade. When officers told him to drop his weapon, Banta suddenly charged down the stairs at them and they shot him.
The 12-page complaint does not mention a knife.
"No one was under any threat of harm," the complaint says. "Ultimately, only Anthony was harmed. Innocent of any wrongdoing, having only stood up for himself by denying the false allegations of the roommate, Anthony lay dead at age 22, never knowing that it was police officers of his hometown, whose duty it was to protect him, who had invaded his home and shot him to death."
Banta's family sought $15 million in damages in the complaint, along with funeral, burial and legal costs and a declaration regarding the officers' alleged "unlawful and unconstitutional" acts.
"No officer wants to shoot to kill," Bryden said earlier. "Officers don't shoot and kill anyone unless they are absolutely forced to."
Contact Erin Ivie at eivie@bayareanewsgroup.com. Follow her at Twitter.com/erin_ivie.
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