Byrd sues on civil rights violations
Richard Byrd, who in 2004 sold a piece of property to the sheriff who was incarcerating him and the district attorney who was prosecuting him, recently filed a federal suit against the Atwater policeman who arrested and charged him, the sheriff, the DA, their real estate partners (which included Greg Hostetler, owner of Ranchwood Homes), his former attorney and Salvadori Realty for damages arising from violations of the federal civil rights and labor codes.
Below you will find Byrd's complaint to the United States District Court for the Eastern District of California and a collection of newspaper clippings on events surrounding this case.
___________________
COMPLAINT FOR DAMAGES,
DECLARATORY RELIEF AND RESCISSION
KEVIN G. LITTLE, SBN 149818
ATTORNEY AT LAW
2115 Kern Street, Suite 330
Fresno, California 93721
Telephone: (559) 486-5730
Telecopy: (559) 486-4759
E-mail: fwllaw@aol.com
Attorney for Plaintiff Richard Byrd
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
***
RICHARD BYRD,
Plaintiff,
v.
ATWATER RESERVE OFFICER
MICHAEL TEATER; GORDON SPENCER,
FORMER DISTRICT ATTORNEY FOR
THE COUNTY OF MERCED; MARK
PAZIN, SHERIFF OF THE COUNTY OF
MERCED; STEPHEN MAUZY; CENTURY
21 SALVADORI REALTY; CARL
CAMPODONICA; WILLIAM AND LILLIAN
CAMPODONICA TRUST; JOHN JULIUS;
GARTH PECCHENINO; DAVID
GRESHAM; HOSTETLER
INVESTMENTS, LLC; BELLEVUE ROAD
PARTNERS, LLC; C. LOGAN
McKECHNIE, SBN 77393, THE COUNTY
OF MERCED, CALIFORNIA; THE CITY
OF ATWATER, CALIFORNIA, DOES 1-10,
Defendants.
No.
COMPLAINT FOR DAMAGES,
DECLARATORY RELIEF, AND
RESCISSION
42 U.S.C. § 1983
28 U.S.C. § 2201
ACTUAL AND CONSTRUCTIVE FRAUD
NEGLIGENT MISREPRESENTATION
BREACH OF FIDUCIARY DUTY
BREACH OF THE COVENANT OF GOOD FAITH
BREACH OF CONTRACT
NEGLIGENCE
INTERFERENCE W ITH ECONOMIC ADVANTAGE
ABUSE OF PROCESS
RESCISSION
JURY TRIAL DEMANDED
TO THE HONORABLE COURT:
Plaintiff Richard Byrd, through his undersigned counsel, hereby makes the following
allegations against the defendants, and each of them:
Case 1:06-cv-00900-OWW-LJO Document 1 Filed 07/15/2006 Page 1 of 18
____________________
COMPLAINT FOR DAMAGES,
DECLARATORY RELIEF AND RESCISSION -2-
JURISDICTION AND VENUE
1. This Court has original jurisdiction over this proceeding pursuant to 28 U.S.C.
§§ 1331 and 1343, as this action is one for damages arising under federal civil rights and labor
law. This Court has jurisdiction over the claim for declaratory relief under the Declaratory
Judgment Act, 28 U.S.C. § 2201. This Court also has jurisdiction over the supplemental
California law claims pursuant to 28 U.S.C. § 1367.
2. This Court has venue in this action pursuant to 28 U.S.C. § 1391(b), as the
occurrences giving rise to this action all occurred within this judicial district.
PARTIES
3. At all relevant times, plaintiff Richard Byrd (“Byrd”) was a citizen and resident of
the State of California, County of Merced. Byrd has had a lengthy and honorable career in
military service and in law enforcement, including having served as the Chief of Police at
Merced College. Byrd has also had success as a property owner and principal of an
investigations and security firm. Prior to his wife’s untimely death in August 2003, and his
subsequent descent into alcoholism, Byrd had no criminal record, and, even after August
2003, Byrd’s few legitimate arrests related only to his driving while intoxicated. Byrd’s only
conviction stems from his false arrest on March 11, 2004, and that arrest is being expunged
based on the misconduct set forth herein.
4. Defendant Atwater Reserve Officer Michael Teater (“Teater”) is a level II reserve
officer with the Atwater Police Department and is a citizen and resident of the State of
California, County of Merced. Teater’s lengthy criminal history and history of dishonesty
should have disqualified him from ever representing a law enforcement agency. Teater was
the law enforcement officer responsible for concocting the alleged offense for which Byrd was
Case 1:06-cv-00900-OWW-LJO Document 1 Filed 07/15/2006 Page 2 of 18
____________________
COMPLAINT FOR DAMAGES,
DECLARATORY RELIEF AND RESCISSION -3-
arrested on March 11, 2004, as well as entrapping Byrd’s alleged involvement in said offense.
With respect to all actions described herein, Teater was acting under color of law and within
the course and scope of his duties. Teater is sued in his individual capacity for purposes of
monetary damages, and in his official capacity for purposes of the declaratory and ancillary
relief requested herein.
5. Defendant Gordon Spencer (“Spencer”), former District Attorney for the County
of Merced, is a citizen and resident of the State of California, County of Merced. Spencer
pursued and manipulated the criminal charges instituted in March 2004 against Byrd for his
own economic gain as one of the purchasers of Byrd’s lucrative property. Spencer also was
one of the officials primarily responsible for keeping Byrd in custody while the illegitimate
purchase was finalized. With respect to all actions described herein, Spencer was acting
under color of law and within the course and scope of his duties. Spencer is sued in his
individual capacity for purposes of monetary damages, and in his official capacity for purposes
of the declaratory and ancillary relief requested herein.
6. Defendant Mark Pazin (“Pazin”), Sheriff of the County of Merced, is a citizen and
resident of the State of California, County of Merced. Pazin investigated, pursued and
manipulated the criminal charges instituted in March 2004 against Byrd for his own economic
gain as one of the purchasers of Byrd’s lucrative property. Pazin also was one of the officials
primarily responsible for keeping Byrd in custody while the illegitimate purchase was finalized.
With respect to all actions described herein, Spencer was acting under color of law and within
the course and scope of his duties. Spencer is sued in his individual capacity for purposes of
monetary damages, and in his official capacity for purposes of the declaratory and ancillary
relief requested herein.
7. Defendant Stephen Mauzy (“Mauzy”) is a citizen and resident of the County of
Case 1:06-cv-00900-OWW-LJO Document 1 Filed 07/15/2006 Page 3 of 18
____________________
COMPLAINT FOR DAMAGES,
DECLARATORY RELIEF AND RESCISSION -4-
Merced. Mauzy is a realtor who works under the auspices of Century 21 Salvadori Realty.
Mauzy was purportedly the representative of Byrd with respect to the sale of his lucrative
property, but, as set forth herein, Mauzy violated his legal and contractual duties and
fraudulently induced the sale of Byrd’s property for approximately 20 percent of its actual value
to a group of purchasers that included himself, Spencer, Pazin and others named herein.
Mauzy is liable under state and federal law for his own actions and the acts of his employees,
representatives, agents or assigns, as alleged herein. Mauzy is also liable under federal law
based on the joint activity and/or conspiracy he engaged in, either himself or through his
employees, representatives, agents or assigns, with individuals acting under color of law and
within the course and scope of their duties. Mauzy is liable for the monetary damages,
declaratory and ancillary relief requested herein.
8. Defendant Century 21 Salvadori Realty (“Salvadori Realty”) is a real estate firm
doing business in the County of Merced, California. Plaintiffs are informed and believe that
Salvadori Realty is either a business entity, or the dba of such an entity, doing business in the
State of California. Salvadori Realty was supposed to be the firm representing Byrd with
respect to the sale of his lucrative property, but, as set forth herein, Salvadori Realty violated
its legal and contractual duties and fraudulently inducing the sale of Byrd’s property for
approximately 20 percent of its actual value to a group of purchasers that included Mauzy,
Spencer, Pazin and others named herein. Salvadori Realty is liable under state law for the
acts of its employees, representatives, agents or assigns, as alleged herein. Salvadori Realty
is also liable under federal law based on the joint activity and/or conspiracy it engaged in,
through its employees, representatives, agents or assigns, with individuals acting under color
of law and within the course and scope of their duties. Salvadori Realty is liable for the
monetary damages, declaratory and ancillary relief requested herein.
Case 1:06-cv-00900-OWW-LJO Document 1 Filed 07/15/2006 Page 4 of 18
____________________
COMPLAINT FOR DAMAGES,
DECLARATORY RELIEF AND RESCISSION -5-
9. Defendant Carl Campodonica (“Campadonica”), representative of the William
and Lillian Campodonica Trust, is a citizen and resident of the County of Merced.
Campodonica was one of the illegitimate purchasers of Byrd’s lucrative property that
benefitted from the wrongful and fraudulent acts of the co-purchasers of that property,
including Mauzy, Spencer, Pazin, and others named herein. Campodonica is liable under
state and federal law for his own actions and the acts of his employees, representatives,
agents or assigns, as alleged herein. Campodonica is also liable under federal law based on
the joint activity and/or conspiracy he engaged in, either himself or through his employees,
representatives, agents or assigns, with individuals acting under color of law and within the
course and scope of their duties. Campodonica is liable for the monetary damages,
declaratory and ancillary relief requested herein.
10. Defendant the Lillian and John Campodonica Trust (“the Campodonica Trust”)
is a legal entity base din Merced County that is subject to suit under federal and California law.
The Campodonica Trust was one of the illegitimate purchasers of Byrd’s lucrative property that
benefitted from the wrongful and fraudulent acts of the co-purchasers of that property,
including Mauzy, Spencer, Pazin, and others named herein. The Campodonica Trust is liable
under state and federal law for his own actions and the acts of his employees, representatives,
agents or assigns, as alleged herein. The Campodonica Trust is also liable under federal law
based on the joint activity and/or conspiracy he engaged in, either himself or through his
employees, representatives, agents or assigns, with individuals acting under color of law and
within the course and scope of their duties. The Campodonica Trust is liable for the monetary
damages, declaratory and ancillary relief requested herein.
11. Defendant John Julius (“Julius”) is a citizen and resident of the County of
Merced. Julius was one of the illegitimate purchasers of Byrd’s lucrative property that
Case 1:06-cv-00900-OWW-LJO Document 1 Filed 07/15/2006 Page 5 of 18
___________________
COMPLAINT FOR DAMAGES,
DECLARATORY RELIEF AND RESCISSION -6-
benefitted from the wrongful and fraudulent acts of the co-purchasers of that property,
including Mauzy, Spencer, Pazin, and others named herein. Julius is liable under state and
federal law for his own actions and the acts of his employees, representatives, agents or
assigns, as alleged herein. Julius is also liable under federal law based on the joint activity
and/or conspiracy he engaged in, either himself or through his employees, representatives,
agents or assigns, with individuals acting under color of law and within the course and scope
of their duties. Julius is liable for the monetary damages, declaratory and ancillary relief
requested herein.
12. Defendant Garth Pecchenino (“Pecchenino”) is a citizen and resident of the
County of Merced. Pecchenino was one of the illegitimate purchasers of Byrd’s lucrative
property that benefitted from the wrongful and fraudulent acts of the co-purchasers of that
property, including Mauzy, Spencer, Pazin, and others named herein. Pecchenino is liable
under state and federal law for his own actions and the acts of his employees, representatives,
agents or assigns, as alleged herein. Pecchenino is also liable under federal law based on
the joint activity and/or conspiracy he engaged in, either himself or through his employees,
representatives, agents or assigns, with individuals acting under color of law and within the
course and scope of their duties. Pecchenino is liable for the monetary damages, declaratory
and ancillary relief requested herein.
13. Defendant David Gresham (“Gresham”) is a citizen and resident of the County
of Merced. Gresham was one of the illegitimate purchasers of Byrd’s lucrative property that
benefitted from the wrongful and fraudulent acts of the co-purchasers of that property,
including Mauzy, Spencer, Pazin, and others named herein. Gresham is liable under state
and federal law for his own actions and the acts of his employees, representatives, agents or
assigns, as alleged herein. Gresham is also liable under federal law based on the joint activity
Case 1:06-cv-00900-OWW-LJO Document 1 Filed 07/15/2006 Page 6 of 18
____________________
COMPLAINT FOR DAMAGES,
DECLARATORY RELIEF AND RESCISSION -7-
and/or conspiracy he engaged in, either himself or through his employees, representatives,
agents or assigns, with individuals acting under color of law and within the course and scope
of their duties. Gresham is liable for the monetary damages, declaratory and ancillary relief
requested herein.
14. Defendant Hostetler Investments, LLC (“Hostetler Investments”) is a real estate
development firm doing business in the County of Merced, California. Plaintiffs are informed
and believe that Hostetler Investments is either a business entity, or the dba of such an entity,
doing business in the State of California. Hostetler Investments was one of the illegitimate
purchasers of Byrd’s lucrative property that benefitted from the wrongful and fraudulent acts
of the co-purchasers of that property, including Mauzy, Spencer, Pazin, and others named
herein. Hostetler Investments is liable under state and federal law for his own actions and the
acts of his employees, representatives, agents or assigns, as alleged herein. Hostetler
Investments is also liable under federal law based on the joint activity and/or conspiracy he
engaged in, either himself or through his employees, representatives, agents or assigns, with
individuals acting under color of law and within the course and scope of their duties. Hostetler
Investments is liable for the monetary damages, declaratory and ancillary relief requested
herein.
15. Defendant Bellevue Road Partners, LLC (“Bellevue”) is a real estate
development firm doing business in the County of Merced, California. Plaintiffs are informed
and believe that Bellevue is either a business entity, or the dba of such an entity, doing
business in the State of California. Bellevue is the successor in interest of the illegitimate
purchasers of Byrd’s lucrative property that benefitted from the wrongful and fraudulent acts
of the co-purchasers of that property, including Mauzy, Spencer, Pazin, and others named
herein, and is therefore not a bonafide purchaser of said property. Bellevue is liable under
Case 1:06-cv-00900-OWW-LJO Document 1 Filed 07/15/2006 Page 7 of 18
____________________
COMPLAINT FOR DAMAGES,
DECLARATORY RELIEF AND RESCISSION -8-
state and federal law for his own actions and the acts of his employees, representatives,
agents or assigns, as alleged herein. Bellevue is also liable under federal law based on the
joint activity and/or conspiracy he engaged in, either himself or through his employees,
representatives, agents or assigns, with individuals acting under color of law and within the
course and scope of their duties. Bellevue is liable for the monetary damages, declaratory and
ancillary relief requested herein.
16. Defendant C. Logan McKechnie, SBN 77393 (“McKechnie”) is an attorney
licensed to practice in the State of California and is a citizen and resident of the County fo
Merced. McKechnie was Byrd’s attorney for purposes of the criminal proceedings set forth
herein. McKechnie, despite being on actual and/or constructive notice of the false charges
against Byrd, the entrapment, Teater’s criminal history and history of dishonesty, the identities
of the prospective purchasers of Byrd’s lucrative property, and other facts that cried out for his
zealous advocacy, did nothing to assist Byrd in being exonerated or released from custody
earlier than her was. McKechnie is liable under state and federal law for his own actions and
the acts of his employees, representatives, agents or assigns, as alleged herein. McKechnie
is also liable under federal law based on the joint activity and/or conspiracy he engaged in,
either himself or through his employees, representatives, agents or assigns, with individuals
acting under color of law and within the course and scope of their duties. McKechnie is liable
for the monetary damages, declaratory and ancillary relief requested herein.
17. Defendant the County of Merced, California (“Merced County”) is a political
subdivision of the State of California. Merced County is the primary funding body of the Office
of the District Attorney for Merced County and the Merced County Sheriff’s Office. Merced
County’s liability for the monetary damages sought in this action is based on its customs and
policies, which gave rise to the federal causes of action alleged herein. As permitted by
Case 1:06-cv-00900-OWW-LJO Document 1 Filed 07/15/2006 Page 8 of 18
____________________
COMPLAINT FOR DAMAGES,
DECLARATORY RELIEF AND RESCISSION -9-
applicable law, these customs and policies will be detailed at a later point in this proceeding.
Merced County also has responsibility under applicable law for the declaratory and ancillary
relief requested by plaintiff herein.
18. Defendant the City of Atwater, California (“Atwater”) is a political subdivision of
the State of California. Atwater is the primary funding body of the Atwater Police Department.
Atwater’s liability for the monetary damages sought in this action is based on its customs and
policies, which gave rise to the federal causes of action alleged herein. As permitted by
applicable law, these customs and policies will be detailed at a later point in this proceeding.
Atwater also has responsibility under applicable law for the declaratory and ancillary relief
requested by plaintiff herein.
19. The fictitious defendants, sued herein as Does 1-10 (sometimes collectively
referred to as “the fictitious defendants”), are individuals and/or business entities who are
liable under the federal and/or state laws invoked herein. The fictitious defendants are liable
for the monetary damages, declaratory and ancillary relief requested herein. The fictitious
defendants will be renamed once their actual identities are ascertained.
FACTUAL ALLEGATIONS
20. On March 11, 2004 Byrd was arrested by the Merced County Sheriff’s
Department based on an offense concocted by Teater, who owed Byrd money, was
manipulating and taking advantage of the oft-intoxicated Byrd, and had longstanding animosity
against him. The alleged offense was Byrd’s supposed effort to get Teater to provide the
identity and address information of the Merced County Sheriff’s Deputy who arrested him for
driving under the influence on November 21, 2003. Byrd, a highly trained, experienced former
law enforcement officer and owner or a private investigation and security company, at all times
Case 1:06-cv-00900-OWW-LJO Document 1 Filed 07/15/2006 Page 9 of 18
____________________
COMPLAINT FOR DAMAGES,
DECLARATORY RELIEF AND RESCISSION -10-
had independent means to obtain this information if he had desired it, but made no efforts to
obtain it. Teater also entrapped Byrd with respect to the alleged offense over the span of
approximately three months, during which time he would attempt to encourage and bait the
intoxicated Byrd into paying him to obtain said information. When these efforts were
unsuccessful, Teater proceeded to concoct said allegations and report them to the Merced
County Sheriff’s Office.
21. On March 15, 2004, Byrd was charged with bribing Teater, in violation of Penal
Code § 67, and, with respect to his November 21, 2003 arrest, to carrying a loaded firearm,
although Byrd was legally authorized to do the latter. Even though Byrd had no prior criminal
history, the District Attorney’s Office, at Spencer’s and Pazin’s direction, sought and obtained
a $500,000 bail for these charges.
22. In order to pay for his legal representation, newly built home, ongoing business
expenses, and other short term expenses, Byrd found it necessary to sell his 21 acre ranch
property while he was in custody. Byrd’s daughter, Linda Roybal, who was unsophisticated
in such matters, sought the assistance of Mauzy and Salvadori Realty, in selling said property.
23. Mauzy and Salvadori Realty never advised Roybal or Byrd of the actual value
of the ranch property, which, according to reasonable valuations, was worth more than
$6,000,000 at the time. Instead, Mauzy told Roybal and Byrd that this property was worth
considerably less and falsely indicated that a nearby property of similar size had sold for
$700,000. Mauzy also communicated an alleged offer of $1,400,000 for the property, which
subsequently “fell through,” as corroboration for his false valuation of the property.
24. At the same time he was misrepresenting the value of Byrd’s property to Roybal
and Byrd, Mauzy was himself among a group of purchasers, consisting of Spencer, Pazin,
Pecchenino, Gresham, Julius, Campodonica, as representative of the Campodonica Trust,
Case 1:06-cv-00900-OWW-LJO Document 1 Filed 07/15/2006 Page 10 of 18
____________________
COMPLAINT FOR DAMAGES,
DECLARATORY RELIEF AND RESCISSION -11-
and Hostetler Investments. It was well known to all of the purchasers, based on the highly
publicized nature of Byrd’s criminal case, Spencer’s and Pazin’s involvement therein, and the
amount of their offer in light of their sophistication, that this proposed purchase represented
a highly improper and illegal endeavor.
25. On May 6, 2004, Byrd pled no contest to a reduced charge of obstructing an
executive officer, Teater, in violation of Penal Code § 69. The conditions of the plea were that
the remaining charges would be dismissed, that Byrd would receive three years felony
probation, six months in county jail, and voluntarily enroll in a residential alcohol treatment
program. At the time this plea was being negotiated, Byrd’s property was already for sale, and
the illegitimate purchase by Mauzy, Spencer, Pazin, Pecchenino, Gresham, Julius,
Campodonica, as representative of the Campodonica Trust, and Hostetler Investments was
already contemplated. It was known that Byrd would remain in custody throughout the time
of the consummation and finalization of the purchase under the proposed terms of the plea
bargain, and that his continuing in custody status was what in large part necessitated his sale
of the property. It was also known to Spencer and Pazin, based on incidents occurring relating
to Byrd while he was in jail, that he continued drinking and was thus under the effects of his
sever alcoholism.
26. During this same time period, all of the above facts where known or
ascertainable to McKechnie, who did nothing to seek Byrd’s exoneration, earlier release or the
protection of his property rights through his criminal case. No did McKechnie seek to
investigate or develop a defense to the underlying charge based on Teater’s history of
dishonesty, criminal record, the disappearance of crucial evidence, Byrd’s voluntary
intoxication, or any other factor.
27. On or about May 18, 2004, and agreement was reached between Byrd and the
Case 1:06-cv-00900-OWW-LJO Document 1 Filed 07/15/2006 Page 11 of 18
____________________
COMPLAINT FOR DAMAGES,
DECLARATORY RELIEF AND RESCISSION -12-
purchasers, Mauzy, Spencer, Pazin, Pecchenino, Gresham, Julius, Campodonica, as
representative of the Campodonica Trust, and Hostetler Investments, to purchase the property
for $1,300,000, about 20 percent of the actual value of the property. This sale closed escrow
and was recorded on July 1, 2004, two weeks before Byrd’s July 16, 2004 sentencing in the
criminal case. The sale resulted in Mauzy, Spencer, Pazin, Pecchenino, Gresham, Julius,
Campodonica, as representative of the Campodonica Trust, and Hostetler Investments
becoming owners of the property, and Salvadori Realty’s collecting a $78.000 commission.
Even after Byrd’s May 6, 2004 plea to the lesser charge under Penal Code § 69, no motion
was made by either the prosecution or the defense to reduce his $500,000 bail, which would
have enabled him to attend to and stabilize his economic situation prior to returning to custody
and which would have eliminated the necessity for him to sale his lucrative property.
28. On July 16, 2004, Byrd was sentenced and received time served. He was
required to immediately enroll in a residential alcohol treatment program that kept him
effectively custody for another two months, until September 2004. Indeed, Byrd had highly
restricted use of communication services during his time in the alcohol treatment program.
Only after Byrd was out of custody and in control of his alcoholism, was he gradually able to
ascertain and understand the implications of the foregoing. Byrd has also ascertained that
some or all of the interest in the property purchased by Mauzy, Spencer, Pazin, Pecchenino,
Gresham, Julius, Campodonica, as representative of the Campodonica Trust, and Hostetler
Investments has been illegitimately transferred to Bellevue. Also, Byrd has since exposed and
the false nature of the criminal charges made against him and seeks further relief in this
proceeding. Byrd has already served his entire sentence and has no remedy through a writ
of habeas corpus, thus entitling him to pursue his further exoneration in this proceeding.
Case 1:06-cv-00900-OWW-LJO Document 1 Filed 07/15/2006 Page 12 of 18
____________________
COMPLAINT FOR DAMAGES,
DECLARATORY RELIEF AND RESCISSION -13-
29. Byrd’s damages as a result fo the foregoing are monumental. Byrd has
sustained loss of liberty for six months, expenses incurred in fighting an illegitimate criminal
case, loss of his profitable business as a result of his false arrest, malicious prosecution and
having to stay in custody for the length of time her did, loss of his reputation, loss of a property
worth more than $6,000,000, as well as other general damages.
FEDERAL CIVIL RIGHTS CLAIMS
30. The following defendants are liable to Byrd for compensatory damages under
federal law, specifically, under 42 U.S.C. § 1983: (1) Teater, for false arrest and malicious
prosecution, in violation of Byrd’s rights under the Fourth Amendment; (2) Spencer and Pazin,
for abuse of process, manipulation of the criminal proceedings, and conspiracy to violate
Byrd’s due process rights and deprive him of his property rights, in violation of the Fourth,
Fifth, Sixth and Fourteenth Amendments; (3) Mauzy, Salvadori Realty, Spencer, Pazin,
Pecchenino, Gresham, Julius, Campodonica, the Campodonica Trust, Hostetler Investments,
and Bellevue, for joint and/or conspiratorial activity with state actors that constituted abuse
of process, manipulation of the criminal proceedings, and conspiracy to violate Byrd’s due
process rights and deprive him of his property rights, in violation of the Fourth, Fifth, Sixth and
Fourteenth Amendments; (4) Atwater, for having a de facto custom and policy of failing to
terminate, supervise and/or discipline Teater, which was the moving force behind Teater’s
constitutional violations stated hereinabove; (5) Merced County, for failing to terminate,
supervise, and/or discipline Spencer and Pazin, which was the moving force behind all but one
of the constitutional violations set forth hereinabove; and (6) Merced County, based on the
actions of their appointed policymakers, Spencer and Pazin, which were the moving forces
behind all but one of the constitutional violations set forth hereinabove.
Case 1:06-cv-00900-OWW-LJO Document 1 Filed 07/15/2006 Page 13 of 18
____________________
COMPLAINT FOR DAMAGES,
DECLARATORY RELIEF AND RESCISSION -14-
31. As a direct and proximate result of the defendants' violations of his federal
constitutional rights specified above, plaintiff has suffered substantial damage, as detailed
hereinabove. The individual and non-municipal entity defendants’ intentional and reckless
acts, as described above, were intentional, wanton, malicious, oppressive, and undertaken
with reckless disregard for Byrd’s rights, thus entitling him to an award of punitive damages
under federal law.
DECLARATORY RELIEF CLAIMS
32. The following defendants are liable to Byrd for declaratory relief under federal
law: (1) Teater, for false arrest and malicious prosecution, in violation of Byrd’s rights under
the Fourth Amendment; (2) Spencer and Pazin, for abuse of process, manipulation of the
criminal proceedings, and conspiracy to violate Byrd’s due process rights and deprive him of
his property rights, in violation of the Fourth, Fifth, Sixth and Fourteenth Amendments; (3)
Mauzy, Salvadori Realty, Spencer, Pazin, Pecchenino, Gresham, Julius, Campodonica, the
Campodonica Trust, Hostetler Investments and Bellevue, for joint and/or conspiratorial activity
with state actors that constituted abuse of process, manipulation of the criminal proceedings,
and conspiracy to violate Byrd’s due process rights and deprive him of his property rights, in
violation of the Fourth, Fifth, Sixth and Fourteenth Amendments; (4) Atwater, for having a de
facto custom and policy of failing to terminate, supervise and/or discipline Teater, which was
the moving force behind Teater’s constitutional violations stated hereinabove, and for
policymaker Chief Hawthorn’s non-disclosure of Teater’s record of criminal misconduct and
dishonesty; (5) Merced County, for failing to terminate, supervise, and/or discipline Spencer
and Pazin, which was the moving force behind all but one of the constitutional violations set
forth hereinabove; and (6) Merced County, based on the actions of their appointed
Case 1:06-cv-00900-OWW-LJO Document 1 Filed 07/15/2006 Page 14 of 18
____________________
COMPLAINT FOR DAMAGES,
DECLARATORY RELIEF AND RESCISSION -15-
policymakers, Spencer and Pazin, which were the moving forces behind all but one of the
constitutional violations set forth hereinabove.
33. The foregoing factual allegations set forth an actual controversy with respect to
the violation of Byrd’s federal constitutional rights. Therefore, this proceeding is an
appropriate one for declaratory relief under 28 U.S.C. § 2201.
34. Byrd seeks a declaration from this Court that the defendants, based on the
factual transaction underlying this proceeding, violated the constitutional rights identified
hereinabove. This declaration may be based on all of the facts underlying this proceeding
without regard to any issue of qualified or absolute immunity, since such immunities only apply
to claims for monetary relief.
35. Byrd also requests further necessary and proper relief as provided for under 28
U.S.C. § 2202, including the full expungement of the records of his criminal arrest and
prosecution and the full restoration of the property rights of which he has been deprived.
STATE CIVIL RIGHTS CLAIMS
36. The following defendants are liable to Byrd under California Civil Code § 52.1
for state civil rights violations, which may be based upon the federal constitutional violations
set forth hereinabove, or their state constitutional equivalents: (1) Teater, for false arrest and
malicious prosecution, in violation of Byrd’s rights under the Fourth Amendment; (2) Spencer
and Pazin, for abuse of process, manipulation of the criminal proceedings, and conspiracy to
violate Byrd’s due process rights and deprive him of his property rights, in violation of the
Fourth, Fifth, Sixth and Fourteenth Amendments; (3) Mauzy, Salvadori Realty, Spencer, Pazin,
Pecchenino, Gresham, Julius, Campodonica, the Campodonica Trust, Hostetler Investments
and Bellevue, for joint and/or conspiratorial activity with state actors that constituted abuse
Case 1:06-cv-00900-OWW-LJO Document 1 Filed 07/15/2006 Page 15 of 18
____________________
COMPLAINT FOR DAMAGES,
DECLARATORY RELIEF AND RESCISSION -16-
of process, manipulation of the criminal proceedings, and conspiracy to violate Byrd’s due
process rights and deprive him of his property rights, in violation of the Fourth, Fifth, Sixth and
Fourteenth Amendments; (4) Atwater, as a result of its vicarious liability for Teater’s false
arrest and malicious prosecution, for having a de facto custom and policy of failing to
terminate, supervise and/or discipline Teater, which was the moving force behind Teater’s
constitutional violations stated hereinabove, and for policymaker Chief Hawthorn’s nondisclosure
of Teater’s record of criminal misconduct and dishonesty; (5) Merced County, as
a result of its vicarious liability for Spencer’s and Pazin’s misconduct, as specified
hereinabove, and for failing to terminate, supervise, and/or discipline Spencer and Pazin,
which was the moving force behind all but one of the constitutional violations set forth
hereinabove; and (6) Merced County, based on the actions of their appointed policymakers,
Spencer and Pazin, which were the moving forces behind all but one of the constitutional
violations set forth hereinabove. The defendants’ interference with these constitutional rights
was accomplished by means of force, coercion, and intimidation, and/or the threat thereof.
37. As a direct and proximate result of the defendants' violations of his federal and
state constitutional rights specified above, plaintiff has suffered substantial damage, as
detailed hereinabove. The defendants’ conduct set forth above entitles plaintiff not only to
actual damages, but also to an award of as much as three times that amount.
STATE LAW CLAIMS
38. The defendants are liable under California state law to Byrd on the following
bases: (1) Teater, for false arrest and malicious prosecution; (2) Spencer and Pazin, for
abuse of process, manipulation of the criminal proceedings, intentional interference with
economic advantage, and conspiracy; (3) Mauzy, and Salvadori Realty, for fraud (both actual
Case 1:06-cv-00900-OWW-LJO Document 1 Filed 07/15/2006 Page 16 of 18
____________________
COMPLAINT FOR DAMAGES,
DECLARATORY RELIEF AND RESCISSION -17-
and constructive), breach of contract, breach of fiduciary duty, breach of the covenant of good
faith and fair dealing, intentional interference with prospective economic advantage, breach
of the covenant of good faith and fair dealing, negligence, negligent misrepresentation, and
rescission; (4) Mauzy, Spencer, Pazin, Pecchenino, Gresham, Julius, Campodonica, the
Campodonica Trust, Hostetler Investments and Bellevue for fraud (both actual and
constructive), breach of the covenant of good faith and fair dealing, intentional interference
with prospective economic advantage, breach of the covenant of good faith and fair dealing,
negligent misrepresentation, and rescission; (5) McKechnie, for professional negligence; (6)
Atwater, vicarious liability for Teater’s false arrest and malicious prosecution, and for
policymaker Chief Hawthorn’s non-disclosure of Teater’s record of criminal misconduct and
dishonesty; and (7) Merced County, vicarious liability for the misconduct of Spencer and Pazin,
set forth hereinabove. As a direct and proximate result of the defendants' misconduct
specified above, plaintiff has suffered substantial damage, as detailed hereinabove.
PRAYER FOR RELIEF
Plaintiff prays for judgment as follows:
1. For full compensatory damages in amounts according to proof;
2. For declaratory relief as requested hereinabove;
3. For punitive damages as to the federal civil rights causes of action against the
individual and non-municipal defendants, in amounts according to proof;
4. For treble damages according to proof under California Civil Code § 52.1;
5. For rescission of the sale of his property and invalidation of the deed and
related documents recorded thereupon on July 1, 2004;
6. For attorneys' fees and costs of suit; and
Case 1:06-cv-00900-OWW-LJO Document 1 Filed 07/15/2006 Page 17 of 18
____________________
COMPLAINT FOR DAMAGES,
DECLARATORY RELIEF AND RESCISSION -18-
7. For such other relief as this Court deems just.
DEMAND FOR A JURY TRIAL
Plaintiff requests a trial by jury, consistent with his rights under the Seventh Amendment
and other applicable law.
In Fresno, California, this 15 day of July, 2006. th
/s/ Kevin G. Little
Kevin G. Little
Attorney for Plaintiff Richard Byrd
Case 1:06-cv-00900-OWW-LJO Document 1 Filed 07/15/2006 Page 18 of 18
------------------------------
Notes:
7-28-06
Merced Sun-Star
Man who was jailed on bribery charge sues to get land back...Chris Collins
http://www.mercedsunstar.com/local/story/12513043p-13227841c.html
The man who sold his land to former District Attorney Gordon Spencer while he was in jail and facing charges from the District Attorney's Office now wants his 21 acres back -- and he's suing for it. In a lawsuit filed in Fresno's U.S. District Court this week, Richard Byrd claims Spencer and Merced County Sheriff Mark Pazin, who also bought some of Byrd's land, "pursued and manipulated the criminal charges" against Byrd for their "own economic gain" by coercing him into selling his land...names eight local men who bought Byrd's land... Ranchwood Homes owner Greg Hostetler, who was one of the investors and says he has been appointed by the group to speak on their behalf, said the purchase was a "fair, ethical and legal agreement."
7-23-06
Fresno Bee
A district attorney's 'fall from grace' told...Tim Eberly
http://www.fresnobee.com/local/story/12491981p-13208430c.html
Gordon Spencer of Merced Co. had a distinguished career soured by a scandalous finale. Gordon Spencer isn't a flashy man...known for living on the cheap, wearing inexpensive clothes and ugly ties.He did, however, develop a kind of arrogance in recent years that led him to brush off laws he was sworn to enforce as Merced County's district attorney. A hero...Much of Spencer's luster came from his willingness to take on big business in the legal arena. with an attitude...Superior Court judge Frank Dougherty..."In the past 10 years, I saw a marked change," "I saw a person who was consumed with power. I saw a person who [discarded] old friends and acquired new friends who he regarded as influential in the business community." to zero?...Spencer's temperament may have blocked his path to becoming a Superior Court judge. The first scandal was not a knockout punch, but they kept coming like a steady series of body blows, Morse said. Life goes on...The drama, though, hasn't ended: An early-morning fire last weekend at the Merced County courthouse destroyed several offices and work spaces of District Attorney's Office employees. The fire has not been linked to Spencer. "
7-19-06
Merced Sun-Star
Land deal rhetoric flares up...Leslie Albrecht
http://www.mercedsunstar.com/local/story/12471197p-13189784c.html
Tension about recent press coverage of former District Attorney Gordon Spencer's land deal with Merced County Sheriff Mark Pazin and other prominent locals boiled over at the supervisors' meeting Tuesday when Ranchwood Homes president Greg Hostetler harshly criticized Supervisor Deidre Kelsey. Hostetler is one of the investors who bought land from a man while he was in jail being prosecuted by Spencer. During the meeting's public comment period, Hostetler leaned over the podium and read a statement that first refuted information in the Sun-Star story, then accused Kelsey of making "uncalled for comments." Hostetler said a Merced County civil grand jury investigation into Kelsey's family mining business five years ago left Kelsey in no position to pass judgment on others. This isn't the first time Hostetler and Kelsey have clashed. In March a voicemail message reportedly left by Hostetler was posted on the Web site Badlands Journal. In the message Hostetler accused Kelsey of using county staff members as her "personal pit bulls" to attack his employees.
Supervisors dock D.A. for swift exit...Leslie Albrecht
http://www.mercedsunstar.com/local/story/12471196p-13189760c.html
District Attorney Gordon Spencer's abrupt resignation will cost him $7,763.19...early departure means his last paycheck will be docked $4,420, the bonus amount he earned for the first six months of 2006. If Spencer had served out his last year as district attorney -- originally slated to end in January 2007 -- he would have earned the extra money...early departure means his last paycheck will be docked $4,420, the bonus amount he earned for the first six months of 2006. The lost bonus might not be Spencer's only financial penalty. Chairman Mike Nelson announced that the county could ask Spencer to pay back "other funds that may have been given Mr. Spencer during his tenure here as district attorney."Nelson said the supervisors must wait until the Attorney General's Office releases its investigation into Spencer's use of the allowances before they move to recover funds from him.
7-16-06
Merced Sun-Star
Fire torches courts building...Doane Yawger
http://www.mercedsunstar.com/local/story/12463486p-13182743c.html
An early morning fire on Sunday guts offices in the Superior Courts building, including offices of the Merced County deputy district attorneys
...$600,000 to $700,000 in damage...destroyed five offices of three deputy district attorneys and their secretaries.
Spencer news disappoints...Lola Barnett, Merced...Letters to the editor
http://www.mercedsunstar.com/opinion/story/12463494p-13182766c.html
I must say the base reporting I've read disappoints me. Spencer serves drinks at Country Club...may have led to death of a young man...I'm sure they didn't stop serving drinks just because he left... OES finds Mr. Spencer guilty. Guilty of what?... Our judicial system is based upon the premise that a person is presumed innocent until proven guilty in a court of law. Therefore, let us not presume Mr. Spencer is guilty until all the facts are in.
7-18-06 Merced Co. Board of Supervisor agenda http://web.co.merced.ca.us/bos/boardagenda/current.pdf
PRESENTATION AND INTRODUCTION OF THE SAN JOAQUIN VALLEY REGIONAL BLUE PRINT BY MCAG
REGULAR CALENDAR
BOARD ACTION
BOARD OF SUPERVISORS
21. Resolution acknowledging the resignation of Gordon Spencer, District Attorney and Public Administrator effective July 14, 2006 and
directing the Auditor/Controller to recover previously issued payments under Merced County Unrepresented Management Resolution No.
06-115, Section 5.D. Successor Delineation.
7-15-06
Merced Sun-Star
Amid turmoil, Spencer quits...Chris Collins
http://www.mercedsunstar.com/local/story/12456073p-13175492c.html
After a tumultuous week that included a dramatic car crash, a concussion, calls from the Board of Supervisors to step down, and continuing criminal investigations by the state Attorney General's Office, District Attorney Gordon Spencer said on Friday he will resign immediately. A spokesman for the Attorney General's Office said his agency will continue to investigate Spencer.
7-14-06
Merced Sun-Star
County workers get brush up on ethics...Chris Collins
http://www.mercedsunstar.com/local/story/12450025p-13170424c.html
Amid investigations by the state Attorney General's Office and growing questions about government accountability, county officials got an earful from Graham and other ethics speakers this week. All county department heads and elected officials, as well as middle managers, were required to go to Graham's session on Monday. Elected officials and top-level employees also had to go to a two-hour course Tuesday taught by a Sacramento law firm that reviewed accepted guidelines for government openness and accountability. But not everyone attended...four officials, including Spencer, didn't go to Monday's meeting... Spencer, who was in the hospital Tuesday after a car accident Monday, didn't attend Tuesday's session. The four no-shows Monday -- Spencer, Supervisor Deidre Kelsey, Human Services Agency Director Ana Pagan and County Counsel Ruben Castillo -- must go to Graham's Aug. 24 course for low-level managers if they want to keep their allowances. Morris said Kelsey had a family emergency and Pagan had a medical emergency Monday. He said he didn't know why Spencer and Castillo didn't attend. Supervisor Kathleen Crookham...felt Hedlund's session was "dull," she was glad to attend the ethics courses. "It reinforces the kind of things we should remember," Crookham said.
Correction...Last Updated: July 14, 2006, 02:51:25 AM PDT
http://www.mercedsunstar.com/local/story/12450026p-13170466c.html
• A headline on Page A1 of Thursday's Sun-Star about District Attorney Gordon Spencer was incorrect. No representative from the hospital said Mr. Spencer suffered a head injury.
7-12-06
Merced Sun-Star
D.A. still in hospital...Scott Jason
http://www.mercedsunstar.com/local/story/12439963p-13161488c.html
The Merced County district attorney remained in the hospital Tuesday night with short-term memory loss after a rollover crash Monday night, his attorney said. The California Highway Patrol is continuing its investigation into the crash, though it doesn't look like any charges or citations will be filed, Public Information Officer Shane Ferriera said. Spencer called his wife from Smith's phone, and she took him to the hospital... The investigating officer interviewed Spencer at the hospital and tested him for driving under the influence...said the test includes looking for the smell of alcohol, slurred speech or red, watery eyes. Ferriera said he did not know if Spencer was given a breathalyzer test.
Panel may ask Spencer to resign from his post...Chris Collins
http://www.mercedsunstar.com/local/story/12439964p-13161513c.html
Merced County Supervisor Jerry O'Banion said Tuesday that embattled District Attorney Gordon Spencer should resign immediately to help restore the District Attorney's Office from months of "turmoil." O'Banion told supervisors at their meeting Tuesday that he wants the board to vote sometime soon on whether Spencer should resign. He later said the vote will be at the supervisors' next meeting on Tuesday. "I'm not going to take any action until we have the attorney general's report," Kelsey said..."I'm not going to let the newspaper tell me what to do and I'm not going to grandstand for the public or for the newspaper." "We don't have all the facts." O'Banion brushed aside Kelsey's accusations
..."I don't look at it as grandstanding, I look at it as a responsibility we have to take back a department that is in turmoil." Supervisor Mike Nelson...when asked if Spencer should resign, he replied. "It would be nice if he would do that, yeah."
Police chief secrecy isn't right way...Our View
http://www.mercedsunstar.com/opinion/story/12439980p-13161532c.html
Plenty of mystery surrounds the disappearance and alleged kidnapping of Kou Xiong, the Merced Police Department officer who was missing for two days before being located in the Madera County foothills. Now, after an internal affairs investigation by the police department, we're told Xiong is no longer on the force. But that's it as far as any official accounting of what may have taken place. The public deserves more of an explanation than that...police officials should divulge some reason for Xiong's termination.
Letters to the editor:
Spencer should step down...Mark Seivert, Merced
http://www.mercedsunstar.com/opinion/story/12439981p-13161523c.html
Editor: How many investigations need to be done on our district attorney from the state Attorney General's Office before we demand he step down? I think three in one year should be more than enough for anyone.
Pazin's actions a let-down...Phil McDaniels, Merced
http://www.mercedsunstar.com/opinion/story/12439957p-13161493c.html
Editor: With Gordon Spencer involved in Cellphonegate and SUVgate, it is not surprising to find him involved in yet another scheme as nefarious as the purchase of land of a jailed man. What is surprising is the behavior and attitude of one of his partners, the sheriff of Merced County... Sheriff Mark Pazin admits to knowing who the seller of the land was in the "final stages of the deal." ...the sheriff let the
chase for big bucks place a cloud over his name and the office of sheriff of Merced County.
7-11-06
Merced Sun-Star
District Attorney Spencer injured in creek car crash...Scott Jason -- Chris Collins; -- Mike De La Cruz; -- The Associated Press
http://www.mercedsunstar.com/local/story/12435800p-13157709c.html
The Merced County district attorney was taken to the hospital Monday night after he rolled his Ford pickup truck into Bear Creek, a California Highway Patrol officer said. For unknown reasons, Spencer let the Ford F-150 pickup truck drift off the road and into the creek, he said. ...CHP Web site said the victim in the crash had minor injuries.
7-8-06
Merced Sun-Star
Spencer purchased land from jailed man...Chris Collins
http://www.mercedsunstar.com/local/story/12425122p-13147572c.html
California Attorney General Bill Lockyer has launched a third investigation into Merced County District Attorney Gordon Spencer, this time examining whether Spencer committed a crime when he and a group of local investors bought a piece of property from a man who was sitting behind bars and facing charges from the District Attorney's Office. The latest investigation comes on top of an ongoing criminal probe into Spencer's potential embezzlement of public funds and an inquiry last December that found Spencer had impersonated an investigator. The attorney general is now looking into a 21-acre lot on Bellevue Road that Spencer, Sheriff Mark Pazin, Ranchwood Homes owner Greg Hostetler, and five other prominent locals purchased in 2004. The intersection of the two events created a clash that was "absolutely impermissible" by attorney ethics standards, said Weisberg, the Stanford law professor. "There was a conflict of interest. " Dougherty, the county's presiding judge, said Spencer never told Byrd's attorney about his involvement in buying Byrd's land. Kelsey said she always has been troubled that the sheriff and district attorney joined one of the county's biggest developers to buy the land.
7-5-06
Merced Sun-Star
Tatum had a smorgasbord...Phil McDaniels, Merced...Letters to the editor
http://www.mercedsunstar.com/opinion/story/12409089p-13133720c.html
Editor: Many thanks to City Editor Mike Fitzgerald for putting in words how many voters feel about the Merced County Board of Supervisors and its constant giveaway of our money to the hierarchy of county government. For someone who flew low under the radar during the Gordon Spencer matter AND the department heads' perks matter, County Executive Officer Dee Tatum surfaced long enough for another feast at the public trough. The board members have been in office too long and have lost sight of who they work for and who their decisions should benefit.
6-21-06
Merced Sun-Star
County supervisors clarify management policies...Chris Collins
http://www.mercedsunstar.com/local/story/12347503p-13077932c.html
Board of Supervisors approved sweeping changes on Tuesday to Merced County's policies on car and phone allowances given to top-level employees...also set new ethics training requirements and accountability standards for elected officials and department managers. It was the first official action the supervisors have taken in response to District Attorney Gordon Spencer's misuse of government equipment...
county Auditor Stephen Jones said that the county's attorney, Ruben Castillo, had advised him that a state law giving district attorneys and sheriffs the right to charge business expenses to the county may also give Spencer legal grounds for getting both a county phone and an allowance. The revised policy means:
• The 33 "A-level managers" in the county, which includes department heads, supervisors and other elected officials, must now sign a new form each year that says they will use their own car and phone for their jobs if they choose to receive monthly allowances as reimbursements.
• The state-mandated conflict-of-interest disclosure forms that county department heads and elected officials fill out each year will now be frequently audited by an outside firm.
• All department heads and elected officials must now attend an ethics training course once a year or lose out on their phone and car allowances.
6-15-06
Merced Sun-Star
Valley politicians report lands sales, wealth...Michael Doyle, Sun-Star Washington Bureau
http://www.mercedsunstar.com/local/story/12321524p-13054529c.html
WASHINGTON -- San Joaquin Valley lawmakers are a diversified lot, especially when it comes to their personal finances. They own land, though not necessarily as much as they used to. They own stocks. Several have spouses pulling political salaries. Cardoza reported that, last October, he sold 6.2 acres in Atwater. The land at the intersection of Bellevue Road and Redwood Avenue brought the Cardoza & Cardoza Landholding Partnership between $500,001 and $1 million. Cardoza turned to stocks. He reported purchasing some 32 different stocks in November and December. Cardoza's wife works as a physician in Merced.
Crookham is off the mark...Lorraine Dawson, Merced
http://www.mercedsunstar.com/opinion/story/12321534p-13054545c.html
Editor: Some Merced County supervisors dismissed concerns that their allowances were excessive. Supervisor Kathleen Crookham said she was frustrated that questions were being asked about her pay. "It's really unfortunate when this kind of scrutiny takes place." "And then it's really unfortunate when no one wants to run for office because they come under that type of scrutiny." "Does the rest of the world have to justify what they spend? No. This is a thankless job and one you don't get rich on." Mercedians have a right to know where the tax revenue is spent and why. Then there was this comment in a May 2 Sun-Star story: "Supervisor Kathleen Crookham said she's known for the past few months that (District Attorney Gordon) Spencer has been using a county vehicle while receiving a car allowance at the same time, but she said she doesn't think it's a serious violation." Look no further than comments like these as to why Measure A was not passed.
6-13-06
Merced Sun-Star
OES faults Spencer over grant...Chris Collins
http://www.mercedsunstar.com/local/story/12312342p-13045915c.html
The state Office of Emergency Services says it will closely scrutinize Merced County's use of grant funds in the future after a report it released Monday concluded that District Attorney Gordon Spencer violated the terms of an OES grant. State will monitor county closely but funds won't have to be repaid. The report also found that the District Attorney's Office misled OES when it said it would assign a full-time deputy district attorney to prosecuting people who committed rural crimes. The OES report found three other grant violations:... There is no set deadline for when the attorney general's report will conclude.
Letters to the Editor...Last Updated: June 13, 2006, 01:52:58 AM PDT
http://www.mercedsunstar.com/opinion/story/12312355p-13045923c.html
County wears blindfold...James V. Haslouer, Merced...1st letter
Editor: So let me see if I understand this correctly. If you are a county employee and you jeopardize a state- funded program for your own personal pocket stuffing and accept false cell phone and vehicle reimbursements (embezzlement), you can then use those monies to compute and enhance your retirement! ...who was signing the vouchers that District Attorney Gordon Spencer was submitting for five years or perhaps even longer? Pay Spencer more than $150K a year for what? His disdain for the law is obvious.Supervisors, stand up for your constituents and do the right thing.
6-3-06
Merced Sun-Star
Letters to the Editor
Merced Sun-Star B2 Saturday, June 3, 2006
Spencer violated Grant...Chris Collins
http://www.mercedsunstar.com/local/story/12270485p-13006930c.html
District Attorney Gordon Spencer violated the terms of a grant by driving a $27,000 SUV that he was never supposed to use, a report by a private auditing firm has found...conducted by Sacramento-based Macias, Gini and Co. The SUV, a 2005 Ford Expedition, was purchased a year ago with money from a state grant and was intended for Chief Deputy District Attorney Larry Morse. Instead, the vehicle was "assigned solely to the County's District Attorney," the report concluded..."could jeopardize eligibility of the vehicle" and future funding from the grant. "It basically reinforces the fact that the car was not supposed to be used by the individual who was using it," county Supervisor Jerry O'Banion said. Last month, the state Attorney General's Office launched an embezzlement investigation into Spencer's use of county-owned equipment. The Office of Emergency Services is making its own inquiry into Spencer's actions. Both investigations are ongoing.