Whipped Cream Difficulties

Sutchi Hui, a 71-year-old San Francisco resident, was walking with his wife through the busy intersection of Castro and Market streets when he was hit by Bucchere in March 2012. He died of his injuries four days later at San Francisco General Hospital.

Chris Bucchere, the man who hit Mr. Hui, is being charged with felony gross vehicular manslaughter.

People get hit by cars every day, and the drivers sometimes face charges, yes? So why am I picking out this case?

Because Mr. Bucchere wasn’t driving a car: he was riding his bicycle when he hit Mr. Hui.

“Court testimony indicated that [Bucchere] was going at least 30 mph and that he ran two red lights and a stop sign prior to going through the intersection where the collision occurred,” said San Francisco Assistant Dist. Atty. Alex Bastian, a spokesman for the prosecutor’s office.

I know I haven’t been posting updates on the Bell trial, but there’s a reason for that: the jury has been deliberating for the better part of a week.

Yesterday morning, the jury sent a note to the judge stating they were deadlocked. And another juror sent a note to the judge stating that one of the jurors had been doing “outside research” on the case. This is a Bad Thing.

The same juror made a tearful request Monday to be removed from the panel because she felt others were picking on her. Kennedy told the woman that although discussions can get heated, it was important to continue deliberating.
On Thursday, however, the juror again broke into tears and said she had spoken with her daughter about “the abuse I have suffered.” She said her daughter told her, “Mom, they’re trying to find the weak link.”
The woman said she had turned to the Internet to better understand the rules about jury deliberations and came across the word “coercion.” After her daughter helped her look up the word’s definition, she wrote it down on a piece of paper and brought it with her to court. When the judge asked to see the paper she went into the jury room to retrieve it.

That juror, known as “Juror #3”, has been dismissed and replaced with an alternate juror. The judge has told the jury to restart deliberations, and to pretend that the earlier deliberations never happened.

It kind of sounds like #3 was leaning towards acquittal, but nobody knows for sure.

It isn’t that I’ve gotten bored with the Bell trial. It’s just that things have been slow and repetitive over the past few days.

The defense has wrapped up closing arguments. I’d go into detail, but you’ve heard it before: it was all “Ratso” Rizzo’s fault.

“We’re here for Mr. Rizzo’s sins, ladies and gentlemen,” [George] Mgdesyan [attorney for councilman Luis Artiga] said. “We’re here because Mr. Rizzo became financially greedy.”

Also, the prosecution failed to prove their case, why wasn’t the city attorney called, and the whole case is political anyway:

[Leo] Moriarty [attorney for councilman Victor Bello] also hinted that the case against the council members was brought because then-Dist. Atty. Steve Cooley was running for attorney general. He said that if the prosecution put a mirror in front of itself, nothing would appear.

(Isn’t Moriarty a great name for a defense lawyer?)

“Almost like being a vampire, almost like being an evil — they can’t see the reflection because there’s nothing there.”
Moriarty likened himself to Don Quixote, “a man who wanted to fight injustice,” and his client to Sancho Panza.

Yeah. Somehow, I don’t think defending the right of city council members to pillage the city treasury is the kind of windmill Don Quixote would charge at.

And Bello does not strike me as being a convincing Sancho Panza. But he might be able to carry off Don Quixote. Terry Gilliam, call your office, please.

At this point, the case is in the hands of the jury, and we’re just waiting on a verdict.

Closing arguments have begun in the Bell trial. The LAT has your summary. Since we’re talking about the closing arguments, it basically amounts to “same s–t, different day”.

[Deputy Dist. Atty. Edward] Miller lambasted the defendants’ work on four city authorities, and said the dozens of documents shown throughout the trial — including resolutions for pay raises — were “the instruments by which they stole $1.3 million from the citizens of Bell — proof that the pen is mightier than the sword when it comes to white-collar crime.”

The big question: why didn’t anybody call Edward Lee, the former City Attorney for Bell and the guy who supposedly signed off on all of this? He was listed as a witness for the prosecution, but was never called.

Oh, yeah, by the way: it was all the fault of “Ratso” Rizzo, “a vindictive control freak”.

And:

Talking about [indicted council member George] Cole, who testified that he had voted for a 12% annual raise because he feared then-City Administrator Robert Rizzo, Miller said: “Boy, I sure wish my boss would threaten me with a raise.”

Friday’s Bell update…wasn’t much of one. Testimony has wrapped up, and the case should go to the jury this week.

There was some bickering between the prosecution and indicted council member George Cole. Cole claimed that Bell needed to pay high salaries “to bring more Latinos onto the council of the low-income, largely immigrant city”, and that’s why he voted for a pay increase. The prosecution pointed out that Victor Bello, Teresa Jacobo and George Mirabal, all of whom were also indicted, were already on the council when Cole voted for the increase.

When [Deputy Dist. Atty. Edward] Miller presented a document that ensured no employee hired or elected after June 30, 2005, would be eligible for the city’s supplemental retirement plan, he asked Cole: “Wouldn’t taking away that benefit adversely affect Latino representation on the City Council?”
Cole replied that it would.
“Did you vote for this because your friends on the City Council and yourself would be covered?” Miller asked.
“It looks like I did.”

When Miller pushed the point that the resolutions Cole and the other council members voted for would allow them a salary of $100,000 a year…

Cole then pointed out that Los Angeles City Council members had a driver, car and staff. “I never had any of those,” he said.
“Did you feel you needed a driver and a chauffeur to get around a 2½-square-mile city?” Miller asked.

Other than that, Rizzo got thrown under the bus again.

Former City Manager Robert Rizzo was depicted as a vengeful strongman, beginning with the opening statements from defense attorneys — one of whom called the former administrator “the thief, the fraud, the destructor of the city.”

Sunday’s LAT ran a story on what council meetings in Bell are like these days. Answer: much calmer. Oddly enough, however, it appears that Rebecca “testified against the other council members in return for immunity” Valdez is still the city clerk.

That evil Robert “Ratso” Rizzo! He tied people up…and made them take money! The horror! The horror!

You think I’m kidding, right?

George Cole, a former steelworker, returned to the witness stand for a second day and testified that he voted for a 12% annual pay raise for a City Council board in 2008 only because he feared retribution from then-City Manager Robert Rizzo.

More:

“He had shown himself to be very vindictive if you crossed him at that time,” Cole said. “I was worried that if I didn’t vote for this, if I voted against it, he would do whatever he could to destroy the work that was important to me and the community. I knew that was his character.”
Cole said it was the most difficult decision he ever made while on the council but was in the best interest of Bell — a city, he said, where he had devoted decades to advocating for new schools and programs for at-risk youths and senior citizens.

…

The 63-year-old also told jurors that when he discovered $15,500 had been deposited into a 401(k)-style account for him, he complained. Cole said Rizzo refused to remove the money.

Cole is quoted, in a separate LANow blog post, as wanting to give up his salary in 2007, after one of Bell’s parks was closed. Ratso was not pleased:

“He got angry and told me if I didn’t take the salary I would have to resign from the City Council,” Cole said. “I told him that I was elected to that position by the people of the community, and if I didn’t want to take the salary and stay on board that was entirely up to me,” Cole said.

My understanding of city manager/council government is that the council tells the manager what to do, not the other way around. The testimony seems to be that Rizzo was driving the train. Left unanswered so far: why did the council allow this? If, indeed, the council did, and people like Cole aren’t engaging in retroactive butt covering?

Former San Diego Mayor Maureen O’Connor acknowledged in federal court Thursday that she gambled away millions of dollars that her late husband had earmarked for charity purposes.

Ms. O’Connor is getting a “deferred prosecution” deal.

Under a bargain with prosecutors, O’Connor agreed to make $2 million in restitution; if she violates no further laws in the next two years, the charge may be dismissed.

What happened? O’Connor’s husband was Robert Peterson, founder of Jack in the Box who “made a fortune in the restaurant, hotel and banking industries”. So she had money. LOTS of money.

O’Connor is destitute after gambling away $1 billion at casinos in the San Diego area and Las Vegas and Atlantic City from 2000 to 2009, according to prosecutors. She has admitted having a gambling addiction, prosecutors said.

Yeah, you read that right. She gambled away One. Billion. Dollars. That’s $100 million a year, or $8.3 million a month.

Anyway, when she ran out of money, she took money from the charitable foundation her husband started, which is now defunct because she stole the money.

O’Connor, who underwent surgery to remove a brain tumor in 2011, used a cane and needed help walking as she entered the courtroom of federal Judge David Bartick. In her youth, she had been a star swimmer and later a physical education teacher before being elected to the City Council in 1971 as a maverick Democrat.

So other than the question of exactly how you gamble away $100 million a year, and how you do that for ten years without realizing you have a problem: how exactly is a destitute 66-year-old woman who needs help walking supposed to pay back $2 million? (The late Mr. Peterson’s Wikipedia entry says he had four kids from a previous marriage, but apparently none with O’Connor.)

I was out of pocket for much of the day Tuesday, which is why I didn’t update. Oddly, there seems to be a gap in the trial coverage on the LAT site: if anything did happen Tuesday, the paper didn’t report it.

As far as yesterday’s testimony: indicted former councilman George Mirabal was back on the stand.

“Did you specifically ask Mr. Lee, ‘Can I get this salary?’”
“No.”
“Why not?”
“Because he was in charge of maintaining surveillance on all these type of actions,” Mirabal said. “His firm was getting like $13,000 a month, the least he can do is look at all the resolutions and various ordinances.”

(Mr. Lee is Ed Lee, who was Bell’s city attorney.)

Also on the stand: Annette Peretz, Bell’s former director of community services. Her salary was $273,000 a year when she retired in 2010.

Attorneys have a saying: “Never ask a witness a question that you don’t know the answer to.” In that light, this exchange is…interesting.

The court received a jolt, though, when Deputy Dist. Atty. Edward Miller opened his cross-examination by asking: “Were you Robert Rizzo’s girlfriend?”

The judge ruled that Peretz did not have to answer that question, and Peretz also declined comment to reporters.

I can’t find a photo of Peretz, but as a reminder, this is Robert “Ratso” Rizzo:

Peretz also testified as, basically, a character witness for indicted council member Teresa Jacobo, saying “she often saw Jacobo meeting with residents at the community center and visiting senior housing facilities.”

Peretz, who took a $95,000 city loan from a program Rizzo developed, filed a lawsuit against Bell for retirement and medical benefits. A judge ruled for the city earlier this month. Rizzo is charged with illegally loaning out city money.

Also testifying as witnesses for Jacobo: two of her daughters, and “a woman who lives in one of Bell’s mobile home parks”:

Candalaria Ramirez said Jacobo was a trusted, frequent visitor who responded to residents and was instrumental in firing the management company that residents had complained was mistreating seniors and had racist employees.

“We expect behavior like this in Castro’s Cuba or the city of Bell, not in Newport Beach,” Stop the Dock Tax Chairman Bob McCaffrey said in a prepared statement.

You know, when your city is being compared unfavorably to a fifth-world dictatorship, maybe it is time to shut everything down and start over from scratch.

Teresa Jacobo wrapped up her testimony yesterday in the Bell trial, and indicted former council member George Mirabal is testifying now.

Mirabel is pretty much echoing Jacobo: I didn’t know I was doing anything wrong, I thought it was okay because the city attorney said so, and I did a lot of work outside of meetings for the city.

Deputy Dist. Atty. Edward Miller questioned Mirabal about the day shortly after his 2010 arrest that he voluntarily told prosecutors that no work was done on authorities outside of meetings.
Mirabal said that if he had made such a statement, it was incorrect. He said he couldn’t remember what was said back then and “might have heed and hawed.”
“So it’s easy to remember now?” Miller asked.
“Yes, actually.”
“More than two years after charges have been filed, it’s easier for you to remember now that you did work outside of the meetings for the Public Finance Authority?”
“Yes, sir.”

Yesterday’s developments:

Former councilman and assistant to the food bank administrator, Victor Bello, wasn’t just a rat. He’s also crazy, at least according to his lawyer.

It has been mentioned previously that Bello was banned from City Hall. But the reasons haven’t been discussed until now:

…an incident at a city affair at which Bello thought city manager Robert Rizzo made a derogatory statement about him, the defense attorney said.
“He came up to Mr. Rizzo and confronted him,” Moriarity said. “He got very, very angry. There was yelling back and forth.
“Some people say Mr. Bello grabbed Mr. Rizzo by the lapels. Others say that didn’t happen,” he added.

It could also have had something to do with the condom incident. Moving along, the first witness for the defense was Teresa Jacobo, one of the indicted council members.

…Jacobo testified she made $500 a month when she came onto the council in 2001 and continued selling real estate.

And then one magic day, according to Jacobo, Robert “Ratso” Rizzo and Edward Lee, the city attorney, called her in and told her…

“…I would be able work full time and devote all my time and effort to this community of Bell and I was now getting a full-time salary.”

But Jacobo testifies that Ratso didn’t tell her how much she’d be making. I’m sorry, but if someone told me I could devote all my time and effort to the community and I’d be making a full-time salary, I’d freaking ask what that salary would be.

Much of the defense has been that the council followed Rizzo’s lead, that the city attorney never said anything was wrong with their salaries, and that their positions were really full-time jobs. Jacobo bolstered the portrayal of Rizzo as a control freak who didn’t want council members to speak to city staff or to question him.
“He said I asked too many questions,” she testified.