Foxnews:Steve Bannon: Schiff did Trump a great service with impeachment hearings

Steve Bannon: Schiff did Trump a great service with impeachment hearings

Steve Bannon Speaks

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The Kennedy Assassination

Connecting Success Factors to Bennett

 

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The Walnut Creek City Council Voter Fraud Investigation and DA Peterson the Felon

Cindy Silva heard Pete Bennett for the first time during the November 2, 2011 Council Meeting.  

Several weeks later the defendant in Bennett v. Collins fell to his death.  During a March 2005 several 'friends" with badges arrived from Santa Clara County District Attorney Officers. 

Bought me a beer to coerce me?  

2018 Endorsements

My sincere thanks to all who have shown their confidence in me by endorsing my re-election candidacy for Walnut Creek City Council.

Who Supports Cindy

• Organizations

• Elected Officials

• Rossmoor Endorsers

• Complete list of Endorsers

Organizations

East Bay Times

Walnut Creek Chamber of Commerce

Walnut Creek Police Association

Elected Officials

Walnut Creek City Council

Councilmember Rich Carlston

Councilmember Loella Haskew

Councilmember Kevin Wilk

Ron Cassano, City Treasurer

Former Walnut Creek City Council
Former Walnut Creek Mayors

Charlie Abrams

Bill Armstrong

Merle Hall

Kathy Hicks

Dick Hildebrand

Mary Lou Lucas

Gail Murray

Sue Rainey

Kish Rajan

Gwen Regalia

Bob Simmons

Sanford Skaggs

Gary Skrel

Other Elected Officials

Debora Allen, BART Director

Brandt Andersson, Lafayette Mayor

Newell Arnerich, Danville Mayor

Candace Andersen, County Supervisor

Ernie Avila, Contra Costa Water District Director/ Division 3

Catharine Baker, State Assemblymember

Elizabeth Bettis, WCSD Governing Board

Lisa Blackwell, Danville Town Council

Diane Burgis, County Supervisor

Ken Carlson, Pleasant Hill City Council

John Coleman, President, EBMUD

Kathy Coppersmith, Acalanes HS District Governing Board

Steve Glazer, State Senator

Dr. Michael Harris, Pleasant Hill City Council

Robert Hockett, Acalanes HS Governing Board

Cherise Khaund, MDUSD Governing Board (elect)

Beverly Lane, East Bay Regional Parks District director

Diane Longshore, Concord Mayor (ret.)

Mike McGill, Central Contra Costa Sanitary District

Sherri McGoff, WCSD Governing Board

Karen Mitchoff, County Supervisor

Sue Noack, Pleasant Hill City Council

Katie Peña, WCSD Governing Board

Barbara Pennington, WCSD Governing Board

Scott Perkins, San Ramon City Council

Richard Rainey, State Senator (ret.)

Sue Severson, Orinda Mayor (former)

Karen Stepper, Danville Town Council

Robert Storer, Danville Town Council

Dan Walden, WCSD Governing Board (ret.)

Amy Worth, Orinda Mayor

Appointed Officials

Janet Abrams, Parks, Recreation & Open Space Commissioner (former)

Tom Bassett, Design Review Commissioner (former)

Joe Bologna, Arts Commissioner (former)

Polly Bradbury, Arts Commissioner (former)

Bob Brittain, Parks, Recreation & Open Space Commissioner (former)

Fritz Brunner, Arts Commissioner (former)

Terry Camp, Design Review Commissioner (former)

Lonna Coleman, Arts Commissioner (former)

Daphne Cothren, Design Review Commissioner (former)

Glynnis Cowdery, Arts Commissioner

Cindy Darling, Planning Commissioner

Jodi Davenport, Parks, Recreation & Open Space Commissioner

Tom Donahoe, Arts Commissioner (former)

Jane Emanuel, Arts Commissioner

Carol Fowler, Arts Commissioner (former)

Neil Gerstner, Planning Commissioner (former)

Joseph Gorny, Design Review Commissioner

Eric Harrison, Planning Commissioner

Bill Hunt, Parks, Recreation & Open Space Commissioner (former)

Lesley Hunt, Planning Commissioner (former)

Jerry Kaplan, Planning Commissioner (former)

Robert Kearsley, Parks, Recreation & Open Space Commissioner

Brian Kilian, Design Review Commissioner

Iasmine Klauber, Arts Commissioner

Brian Krcelic, Planning Commissioner

Dan Lawrence, Park, Recreation & Open Space Commissioner (former)

Peter Lezak, Planning Commissioner

Mark Lopez, Design Review Commissioner (former)

Carla Ludwig, Parks, Recreation & Open Space Commissioner (former)

Jon Malkovich, Planning Commission (former)

Dorothy McDonald, Design Review Commissioner (former)

Ian McLaughlin, Parks, Recreation & Open Space Commissioner (former)

Ann Merideth, Arts Commissioner

Paul Meyerhofer, Transportation Commissioner (former)

Danny Milks, Transportation Commissioner
Allan Moore, Planning Commissioner

Jim Murray, Contra Costa Mosquito & Disease Vector Control District, Trustee

Art Oller, Parks, Recreation & Open Space Commissioner

Tom O'Toole, Transportation Commissioner (former)

Jim Pezzaglia, Arts Commissioner (former)

Bob Pickett, Planning Commissioner

Dave Powell, Planning Commissioner (former)

Steve Reiser, Planning Commissioner

Anna Sagastegui, Arts Commissioner

Nan Siegel, Arts Commissioner (former)

Kenneth Strongman, Transportation Commissioner

Rick Underwood, Parks, Recreation & Open Space Commissioner (former)

Carlos Velilla, Design Review Commission

Phil Volkmann, Design Review Commissioner (former)

Clark Wallace, Contra Costa Assessment Appeals Board Member

Melissa Ward, Transportation Commissioner

Michael Weiner, Civic Arts Education Advisory Council (former)

Fred Weston, Parks, Recreation & Open Space Commissioner

Tom Worthy, Parks, Recreation & Open Space Commissioner (former)

Dominique Yancey, SRV Fire District

Individuals

Barbara Abernathy Charlie & Janet Abrams Stephen & Christine Abrams Mitzi Abramson Sue DiMaggio Adams Debora Allen Dan Scott & Kim Allen Doug Alvey Richard Amaro Newell Americh Candace Andersen Beverly Anderson Brandt Andersson Tim Argenti Bill & Navid Armstrong Frank Arthur Rebecca & Jared Asch Jay Atkinson Ralph & Sydney Austin Jean A. Autrey Ernie Avila Catharine Baker Christine & Larry Barclay Mike Rippey & Gretchen Bartzen Tom & Pat Bassett Dick & Chris Bertrand Elizabeth Bettis Linda & Ed Best John and Ann Bevan Sandra Biagi Les & Sharon Birdsall Lisa Blackwell Peter Blaney Genevieve Blasius Barbara Blum Joe Bologna David Bowlby Polly Bradbury David Bradley Bob & Cindy Brittain Mark & Maria Brown Ron & Sharon Brown Fritz Brunner Diane Burgis Buddy & Holly Burke Kent Caldwell Ken & Ginger Calvert Terry Camp Patrick Campbell Clarita Cardenas-Velilla Ken Carlson Rich & Sue Carlston Ron Cassano David Clarke Angie & Pete Coffee John Coleman Lonna Coleman Robert Combs Jason & Kimberly Cooke Kathy Coppersmith Nadia Costa Daphne Cothren Glynnis & John Cowdery Paul & Kirsten Cox Sal Crispi Larry Crummer Bev Cullen Lee Culver Richard Daniel Cindy & Gary Darling Joe Bunik & Jodi Davenport Angela De La Housaye Diane Longshore & Ron DeGolia Ed & Denise Del Beccaro Sunshine Deffner Stephen & Carmen Deness Todd DiMartino Rebecca Doe Fran & Steve Dogett Tom & Nancy Donahoe Nancy Donaldson-White Paul Douglas Art & Ardy Dreshfielld Jill & Bruce Dresser Dick & Carol DuBey Jack & Sylvia Dudum Bob & Wendy Duncan Paul & Patricia Dunton Pat & Bill Eich Greg & Marcia Eiler Eric Eisenberg Barbara El Baroudi Jane & Roger Emanuel Teri Erickson Kelly Farrell & Juan Carlos Espina Jack Fallin Dave & Norma Fellner Paul Ferrari Jack Fischer Frederick Flint Barney Fonzi Carol & Ken Fowler Gordon & Susan Freeman Mary Fujii Rich Gay Janet & Norman Gee Neil Gerstner Jean Geyer Kerynn Gianotti Steve Glazer Barry & Niki Gordon Joseph Gorny Terry & Sandy Goss Bradley Griggs Thomas Haas Carol Haig Merle & Bonnie Hall Sam Colt & Anna Halvorson Doris Hamel Dr. Michael Harris Eric Harrison Richard Harmon Hilary Harwood Jean & Harry Harwood Loella & Ralph Haskew Cynthia Hatton Ann Hawley Georgia Hazard Ron Hermanson Kathy & Jerry Hicks Richard & Lynne Hildebrand Brian & Lyn Hirahara JoAnn & Dave Hobbs Marcie & Harvey Hochhauser Bob Hockett Billie Hopper Barney & Jo Howard Les & Cathy Howard Sue & Skip Hoyt  Linda Ashcraft & Richard Hudack Marge & Al Hudock Luman & Marilyn Hughes Roger & Natalie Hughes Bill & Lesley Hunt Kris Hunter Dick & Sally Ingraham Natalie Inouye Jacques & Yvonne Jakovleski Stan Janczura Howard Jarrell Marge Joehnk Lauren Jonas Jo Jones Kent & Marcy Jones Barbara Jordan Daniel Kanaan Helen Kane Jerry and Susan Kaplan Doris Kawakami Robert Kearsley Kevin & Sharon Kelly Bob Kelso Sheryl & Ivan Kerr Cherise Khaund Brian Killian Iasmine Klauber Monica Daigle & Mark Kleisath Diane & John Kopchik Nick Kosla Brian Krcelic Shirley & Barry Krohn June Krug Beverly Lane Robert & Nora LaPointe Karen Large Dan & Sandra Lawrence Sheryl Lawrence Margaret Leary Janet Leask Herbert Lee Catherine & David Leutzinger Sue Levins Peter Lezak Don Liddle Janice Litvin Stella Liu Bev & David Loder Dee Logan Joyce Long Mary Caden & Mark Lopez Jerry Loving Linda & Ron Loza Mary Lou Lucas Joan Lucchese Carla Ludwig Anthony (Tony) Lukaszewski Alisa Mac Cormac Tom & Diane Mader Lisa Wrenn & Peter Magnani Karen Majors Jon Malkovich Rosemary & Bernie Mark Kelly & Elizabeth McCormick Eugene McGrane Dorothy McDonald Mike McGill Shauna McGlynn Sherri McGoff Winnie McIlvenna Ian McLaughlin Cynthia McMillan Ann Merideth Faye & Geoff Mettler Paul Meyerhofer Danny Milks James Mills Karen Mitchoff Walter & Linda Moeller Allan & Betty Moore Bielle Moore Jim Moore Anne & Lyle Morton Brian Murphy Gail & Jim Murray Jim Murray Valeri Nagel Mary Neff Phil Neff Gregory & Lynn Nerland Tina Neuhausel Sue Noack Sally Nordwall-Echols John Nutley Patrick O'Brien Kathleen & John Odne Laura Odom David Ogden Andy Okumoto Art Oller David & Dolores Olson William Oman Ellen Osmundson Tom O'Toole Mike Palucki Amy Pennington Barbara Pennington Scott Perkins Jim & Yvette Pezzaglia Bob Pickett Gary & Jean Pokorny Dave Powell Bob & Jeanne Power Trudy & Bruce Presser Geri Pyle Maria Rachidi Sue & Dick Rainey Kish Rajan Robin & Art Rangel Richard & Raina Ravitz Helen Rees Ruth Reeves Gwen Regalia Marc Kiefer & Connie Regalia Steve & Wendy Reiser Moe & Margie Richman Vicki Roberts Donna Robertson Dan & Lynn Robinson Dennis and Renee Ross Eldon Rowe Eric Rudney Anita Sagastegui Sara Schroeder George Schulster Mark Scott Lauren Seaver Marsha & Dick Servetnick Sue Severson Erin & Dan Sicotte Nan Siegel Judy Whelan & Bob Simmons Barbara Simpson Sanford Skaggs Gary Skrel Heidi Slocum David & Sherry Smith Karl Snover Rick & Linda Spencer Sarah Spindle Mary Alice Stadum Rob & Karen Stankus Roger & Eileen Stephens Tom & Kathy Stephenson Karen Stepper Peter Stern Jim & Betty Stokes Robert Storer Bob Stratton Ken & Melissa Strongman Patricia Stull Ann Marie & Tom Taylor Tom & Sue Terrill Glen & Joyce Densmore Thomas Howard & LaVergne Thomas Bart & Tatiana Tolley Ping K. & Grace Tse Rick & Sue Underwood Alice Valle-Riestra Lisa Van Dewson Gayle Vassar Carlos Velilla Veronica Velilla-Wiesner Phil & Pam Volkmann Dan Walden Clark Wallace Melissa Ward Robert Ward Courtney Wassserman Mary Watanabe Dennis Winslow & Bonnie Waters Glenn & Chelsea Wechsler Michael & Denise Weiner Mike & Kassie Wenzell Fred & Carla Weston Michael White Kevin & Jill Wilk Susan Williamson Ernie Wintter Trudy & Mark Wleklinski Claire Levine Wolfe Carly Wood Ingrid Wood Cynthia & Rick Woodland Janiele & Kris Worswick Amy Worth Tom & Pat Worthy Dominique Yancey Mike Yeraka Diane & Lance Young Meredyth Young Julia & Bill Younger Eric Zell Barbara Zodikoff

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Rule 5-110 Special Responsibilities of a Prosecutor

Rule 5-110 Special Responsibilities of a Prosecutor

Current Rules

Rules of Professional Conduct

Rule 5-110 Special Responsibilities of a Prosecutor

(Rule approved by the Supreme Court, effective Nov. 2, 2017)

The prosecutor in a criminal case shall:

(A) Not institute or continue to prosecute a charge that the prosecutor knows is not supported by probable cause;

(B) Make reasonable efforts to assure that the accused has been advised of the right to, and the procedure for obtaining, counsel and has been given reasonable opportunity to obtain counsel;

(C) Not seek to obtain from an unrepresented accused a waiver of important pretrial rights unless the tribunal has approved the appearance of the accused in propria persona;

(D) Make timely disclosure to the defense of all evidence or information known to the prosecutor that the prosecutor knows or reasonably should know tends to negate the guilt of the accused, mitigate the offense, or mitigate the sentence, except when the prosecutor is relieved of this responsibility by a protective order of the tribunal; and

(E) Exercise reasonable care to prevent persons under the supervision or direction of the prosecutor, including investigators, law enforcement personnel, employees or other persons assisting or associated with the prosecutor in a criminal case from making an extrajudicial statement that the prosecutor would be prohibited from making under rule 5-120.

(F) When a prosecutor knows of new, credible and material evidence creating a reasonable likelihood that a convicted defendant did not commit an offense of which the defendant was convicted, the prosecutor shall:

(1) Promptly disclose that evidence to an appropriate court or authority, and

(2) If the conviction was obtained in the prosecutor’s jurisdiction,

(a) Promptly disclose that evidence to the defendant unless a court authorizes delay, and

(b) Undertake further investigation, or make reasonable efforts to cause an investigation, to determine whether the defendant was convicted of an offense that the defendant did not commit.

(G) When a prosecutor knows of clear and convincing evidence establishing that a defendant in the prosecutor’s jurisdiction was convicted of an offense that the defendant did not commit, the prosecutor shall seek to remedy the conviction.

Discussion:

[1] A prosecutor has the responsibility of a minister of justice and not simply that of an advocate. This responsibility carries with it specific obligations to see that the defendant is accorded procedural justice, that guilt is decided upon the basis of sufficient evidence, and that special precautions are taken to prevent and to rectify the conviction of innocent persons. Rule 5-110 is intended to achieve those results. All lawyers in government service remain bound by rules 3-200 and 5-220.

[2] Paragraph (C) does not forbid the lawful questioning of an uncharged suspect who has knowingly waived the right to counsel and the right to remain silent. Paragraph (C) also does not forbid prosecutors from seeking from an unrepresented accused a reasonable waiver of time for initial appearance or preliminary hearing as a means of facilitating the accused’s voluntary cooperation in an ongoing law enforcement investigation.

[3] The disclosure obligations in paragraph (D) are not limited to evidence or information that is material as defined by Brady v. Maryland (1963) 373 U.S. 83 [83 S. Ct. 1194] and its progeny. For example, these obligations include, at a minimum, the duty to disclose impeachment evidence or information that a prosecutor knows or reasonably should know casts significant doubt on the accuracy or admissibility of witness testimony on which the prosecution intends to rely. Paragraph (D) does not require disclosure of information protected from disclosure by federal or California laws and rules, as interpreted by case law or court orders. Nothing in this rule is intended to be applied in a manner inconsistent with statutory and constitutional provisions governing discovery in California courts. A disclosure’s timeliness will vary with the circumstances, and paragraph (D) is not intended to impose timing requirements different from those established by statutes, procedural rules, court orders, and case law interpreting those authorities and the California and federal constitutions.

[4] The exception in paragraph (D) recognizes that a prosecutor may seek an appropriate protective order from the tribunal if disclosure of information to the defense could result in substantial harm to an individual or to the public interest.

[5] Paragraph (E) supplements rule 5-120, which prohibits extrajudicial statements that have a substantial likelihood of prejudicing an adjudicatory proceeding. Paragraph (E) is not intended to restrict the statements which a prosecutor may make which comply with rule 5-120(B) or 5-120(C).

[6] Prosecutors have a duty to supervise the work of subordinate lawyers and nonlawyer employees or agents. (See rule 3-110, Discussion.) Ordinarily, the reasonable care standard of paragraph (E) will be satisfied if the prosecutor issues the appropriate cautions to law enforcement personnel and other relevant individuals.

[7] When a prosecutor knows of new, credible and material evidence creating a reasonable likelihood that a person outside the prosecutor’s jurisdiction was convicted of a crime that the person did not commit, paragraph (F) requires prompt disclosure to the court or other appropriate authority, such as the chief prosecutor of the jurisdiction where the conviction occurred. If the conviction was obtained in the prosecutor’s jurisdiction, paragraph (F) requires the prosecutor to examine the evidence and undertake further investigation to determine whether the defendant is in fact innocent or make reasonable efforts to cause another appropriate authority to undertake the necessary investigation, and to promptly disclose the evidence to the court and, absent court authorized delay, to the defendant. Disclosure to a represented defendant must be made through the defendant’s counsel, and, in the case of an unrepresented defendant, would ordinarily be accompanied by a request to a court for the appointment of counsel to assist the defendant in taking such legal measures as may be appropriate. (See rule 2-100.)

[8] Under paragraph (G), once the prosecutor knows of clear and convincing evidence that the defendant was convicted of an offense that the defendant did not commit, the prosecutor must seek to remedy the conviction. Depending upon the circumstances, steps to remedy the conviction could include disclosure of the evidence to the defendant, requesting that the court appoint counsel for an unrepresented indigent defendant and, where appropriate, notifying the court that the prosecutor has knowledge that the defendant did not commit the offense of which the defendant was convicted.

[9] A prosecutor’s independent judgment, made in good faith, that the new evidence is not of such nature as to trigger the obligations of sections (F) and (G), though subsequently determined to have been erroneous, does not constitute a violation of rule 5-110. (Amended by order of Supreme Court, operative Nov. 2, 2017.)

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