Low hanging fruit, Part II

The articles below from the Merced Sun-Star tell a story about felony indictments brought against five people associated with Firm Build, a program started in 1998 to train "troubled teens" in construction trades. Merced County Planning Commissioner Rudy Buendia was or is still executive director of Firm Build, which went bankrupt months ago.Buendia, charged originally with 15 felonies (later 17), according to the newspaper fled arrest and was a "fugitive" for two days before turning himself in with Kirk McAllister, Modesto criminal defense attorney, at his side.Two of the five charged were arrested. It is unclear from reports if two others were arrested or turned themselves in. Two have posted bail and been released.Buendia, the only reported fugitive, was released without paying bail on September 18 by Superior Court Judge McCabe. The judge's reasons included Buendia's clean record and that he personally knew seven of the 20 prominent people who wrote letters on Buendia's behalf. The board of supervisors is reported to have no plans of removing either Planning Commissioner Buendia or Patrick Bowman, on the board of the "troubled" Merced County Housing Authority and an official of the Merced County Office of Education, from the positions the board appointed them to.District Attorney Larry Morse II returned to McCabe's court the next day and asked for the release of Firm Build's bookkeeper because, he said, she was the only one of the five who had cooperated in the investigation and that it was unfair for her to remain in jail after the judge had released Buendia. No prominent citizens are reported to have written any letters on the bookkeeper's behalf although it is fair to speculate that the bookkeeper knows more then Buendia, a man, who in public appears to know as little as possible. The judge granted her release on her own recognizance.The motives for these prominent citizens to get involved with a serious criminal case involving the disappearance of some $700,000, reportedly of all or in large part public funds, is a matter of pure speculation. Perhaps Buendia's ghostly presence on the planning commission and complacent voting habits have something to do with it. Political and economic connections to Firm Build, the Housing Authority, Planada (Buendia's home) are so incestuous, it's hard to imagine that significant parts or all of the Merced power structure (with the exception of the DA's office) are not represented somehwere in the 20 letters on Buendia's behalf.To take just one example of the sort of speculation that should not have occurred is that Merced College (whose president, Ben Duran, wrote a letter on Buendia's behalf) is a district within the Merced County Office of Education, where alleged felon Bowman is currently on administrative leave. The judge's father, a man with a deep interest in agricultural and vocational education, is a trustee of the college. Whatever may or may not have transpired between the trustee and the president, it doesn't look good. Speculation about direct financial involvement between the college and Firm Build, possible relationships between Firm Build, other members of the board of trustees and of the board of directors of the Merced College Foundation, creates a geometric progression of possible connections. Another example of the geometric progression of connections is Diana Westmoreland Pedrozo, the very model of the modern agricultural organization person and sister-in-law of Supervisor John Pedrozo, who represents Planada. She sits or has sat on boards, commissions and committees (at times with Buendia) too numerous to list. At present, she is the executive director of the Merced County Farm Bureau and president of California Women for Agriculture. She rarely makes a move without Supervisor Diedre Kelsey's approval and Kelsey rarely makes a move without County CEO Dee Tatum's nod. Despite the psychotic Grand Jury report on the deal Tatum made with developers and the Housing Authority for his land in Planada, the smoke's still rising from that backyard trash incinerator. The syntax and arithmetic on that Grand Jury report should remind the public of what happens when the official mind of Merced blinks down the barrel of political pressure in the cause of covering up alleged official malfeasance.We are accustomed to overt political manipulations in the Merced County Superior Court when the case involves the California Environmental Quality Act, but this case involves grand theft and embezzlement of large amounts of public funds. We assumed criminal law was held to a higher standard of judicial correctness than mere environmental issues. We also assumed a fugitive from justice would not have been given a free Get Out of Jail card just for having been appointed to the planning commission. The prominent citizens and the court have led the public into this sort of speculation, already being labeled "cynical" by the newspaper. In light of the "prominent residents" letter campaign and the court's decision concerning Buendia's bail, the view that emerges is that the DA's office is on a collision course with powerful local special interests involved with Firm Build, inevitable given the nature of Firm Build and the elevation of Buendia to planning commissioner status. Assuming the DA's office has done a thorough job of investigation, which we think is fair to assume, leads us to speculate that local special interests suspect that some of the evidence against Firm Build involves their relations with it. Probably, these interests do not want this information to become public. The DA, in order to make his case, may have to use all or part of evidence potentially embarrassing to local special interests. Perhaps some of the evidence is actually incriminating. Investigations of this nature tend to go thither and yon. Motions to suppress parts of the evidence in these cases will be interesting to watch if any of the cases ever come to trial at all.The public should not have to make such speculation, but there are instances in which felonies are the only plausible explanations for the facts. Evidently, in the mind of the prosecutor, Firm Build's career is one of them. Otherwise, we speculate, the DA's office would not have brought the charges and started this fight against what looks like most of the special interests in the county, represented one way or another by these "prominent citizens."The policy breached by this "prominent" support of Buendia is that public officials should avoid the appearance of corruption, a policy broad enough to include political pressure on the judicial branch of government. The reason for this excellent policy, older than Aristotle, is that the appearance of corruption causes grumbing among the people and speculations concerning misfeasance, malfeasance and nonfeasance involving public office and public funds, political intimidation of the judicial process and other similar complaints.Some say there is an elephant in this room: four of the five of those charged in the Firm Build case are Hispanics. Hispanics are the largest ethnic group in Merced County, more than 45 percent according to the 2000 US Census. Like any other ethnic group, Hispanics tend to rally around their members in times of trouble, right or wrong, despite Cicero's comment that "no single thing is so like one another, so exactly its counterpart, as all of us are to one another." So, there is also speculation that the charges are racially motivated, despite the fact that public funds are paid by everybody, not just Hispanics. The public has a clear, strong interest in the prosecution of embezzlement and grand theft of public funds, especially in a program designed to train unemployed teens, probably mostly Hispanic, in useful trades. Nevertheless, the political dynamics play differently, which is the best reason for keeping politics out of the courtroom, as the wise Founding Fathers recommended and established in the laws of separation of branches of government. The "prominent residents" crossed that line and have meddled with and muddied these cases, especially the charges against the fugitive planning commissioner. The local "leadership" is reacting in self-defense against the public interest of prosecuting indicted felons. There is a point in public affairs when corruption makes government and its special interest masters look so stupid that they become completely reactionary. We have probably reached that stage of political affairs in Merced as well as in the nation at large. Meanwhile, the public should support the DA and the Firm Build group the old-fashioned way, by giving both a fair hearing in a court of law from impartial judges without anymore political meddling. ----------------------9-12-08 Merced Sun-Star Five at Merced housing nonprofit face criminal charges Firm Build still hasn't paid many subcontractors for work performed years ago...SCOTT JASON http://www.mercedsunstar.com/167/story/449952.html Five people, including two local public officials, face criminal charges ranging from grand theft to felony embezzlement tied to the demise of a local nonprofit funded mainly by taxpayers.Firm Build was formed by the Housing Authority in 1998 with the high-minded goal of teaching poor residents and troubled teens to become carpenters and builders. It was touted at a contractors' forum four years ago as a great resource for local builders to find skilled workers. The Hispanic Chamber of Commerce named it "Business of the Year" two years ago.Today, far from being hailed as a training school to keep kids out of gangs, Firm Build has become the target of the most far-reaching criminal investigation in the 15 years that District Attorney Larry Morse II has been in that office...The district attorney's 17-page complaint with 27 charges and six reams of reports to back up the allegations finally sheds light on what happened to one of the city's most prominent nonprofits. It had what seemed like a winning business model of free labor at the height of the county's building boom.Only now will people begin to understand how Firm Build went from an innovative program to an allegedly criminal nonprofit enterprise.Fresno district attorney investigators arrested Firm Build' administrative manager Joe Cuellar, a former Fresno city planner and former Housing Authority employee on Thursday.Firm Build construction manager Rudy Buendia III, a Merced County planning commissioner and former Housing Authority commissioner, learned of his arrest warrant through his attorney. He refused to turn himself in and is now considered a fugitive... Buendia and Cuellar allegedly left dozens of subcontractors unpaid, misused school funding, defrauded Merced residents and renovated homes below industry standards, according to the criminal complaint filed Wednesday. Investigators also arrested Firm Build's former bookkeeper, Christina Ledezma, and Merced County Office of Education coordinator Patrick Bowman, who served as the nonprofit's board president. Buendia's father, Rudy Buendia II, also faces misdemeanor charges for contracting without a license... The criminal case exposes the incestuous relationship that formed between the Merced County Office of Education, the Housing Authority and Firm Build. Left unchecked, it allegedly led to abuses of power, squandered taxpayer money and fraud. The investigation also highlights a rotating group of residents who wield power on interconnected public and private Merced County boards. Buendia serves as a planning commissioner and also was a Housing Authority commissioner (both are Board of Supervisors appointments), while leading Firm Build. Bowman, meanwhile, served as the nonprofit's president while also working at the county education office. In May, the Board of Supervisors unanimously appointed him to the Housing Authority's board, despite a publicized probe by the District Attorney's Office into Firm Build... 9-13-08 Rudy Buendia III hasn't turned himself in and authorities are actively searching for him...SCOTT JASON http://www.mercedsunstar.com/167/story/451467.html Firm Build's manager, charged Wednesday with 15 felonies linked to the nonprofit's demise, remains in the wind. Rudy Buendia III still hasn't surrendered to officers. Buendia, also a Merced County planning commissioner, became a fugitive after he learned of his outstanding arrest warrants Thursday from his attorney... Buendia is one of two public officials charged with felonies from Firm Build's collapse in September 2007. For the moment, both will be able to remain on their appointed commissions, as the Board of Supervisors isn't planning any actions. Meantime, Firm Build's board president Patrick Bowman posted bail late Thursday. He's also a coordinator with the Merced County Office of Education and has been placed on administrative leave while the office conducts an internal investigation, MCOE spokesman Nathan Quevedo said Friday... Bowman, 41, earns $104,764 in his role as coordinator of the Workplace Learning Academy, which is under the Career and Alternative Education division. He's accused of seven felonies, including channeling $120,000 from MCOE to Firm Build for projects not connected to the school. He also allegedly violated conflict of interest laws because Firm Build, which contracted with his employer, worked on his personal home. Joe Cuellar, Firm Build's administrative manager, is charged with 15 felonies, including embezzlement and diversion of construction funds. He bailed himself out of Fresno County Jail... Created with taxpayer money, it relied heavily on contracts with the Housing Authority, the Merced County Office of Education and poor residents using city loans to renovate their homes. While overseeing Firm Build, Buendia, Cuellar and Bowman also gained power on various committees and boards tied to the nonprofit... Buendia served as a Housing Authority commissioner while he managed Firm Build, by then an independent organization. Also, three commissioners were on Firm Build's board when the Housing Authority gave the nonprofit a $300,000 loan. Investigators allege that about $100,000 remains unpaid. Buendia served on the commission from 2005 with his term ending earlier this year. Bowman was appointed in May to the Housing Authority commission by the Board of Supervisors in a divided vote. Supervisors Mike Nelson, Deidre Kelsey and John Pedrozo voted to appoint Bowman. Chairwoman Kathleen Crookham and Supervisor Jerry O'Banion dissented...9-16-08 Merced Sheriff arrests manager of housing nonprofit Rudy Buendia III was the manager of Firm Build and is one of four facing embezzlement charges...SCOTT JASON http://www.mercedsunstar.com/167/story/455547.html After two days on the run, Firm Build's manager surrendered Sunday to Merced County Sheriff Mark Pazin. Rudy Buendia III, 45, was arrested Sunday afternoon at Childs Avenue and Highway 99 by Pazin and Sgt. Keith McClain, ending the Merced County district attorney's search for him. Sheriff's spokesman Tom MacKenzie said Buendia or his family called the department to say he was ready to turn himself in... Buendia, a Merced County Planning commissioner and former Housing Authority commissioner, is charged with 15 felonies tied to Firm Build's demise last year. Charges include embezzlement, grand theft and diversion of construction funds. He's being held at the John Latorraca Correctional Center in lieu of $266,000 in bail The DA's Office wrapped up a 15-month investigation Thursday when it filed charges against Buendia, Firm Build's administrative manager Joe Cuellar, bookkeeper Christina Ledezma, board President Patrick Bowman and Buendia's father, who allegedly contracted to do stucco work for the nonprofit without a license. Firm Build's mission was to give people who live in public housing the skills to become carpenters and construction workers to better their lives. It started in 1998 as a Housing Authority program and became an independent nonprofit the next year. Its managers looked to expand its business by contracting with Merced County Office of Education and residents who were renovating their homes with help of city loans. Firm Build relied on the free help from Housing Authority clients and Valley High School students for most of its jobs. It hired subcontractors for some of the work its trainees couldn't do. The nonprofit began having money troubles a few years ago and went bankrupt in 2007, with complaints from residents prompting a criminal probe. Investigators found that many subcontractors were left unpaid and that Firm Build owed more than $700,000 in outstanding bills. DA investigators believe that Firm Build's managers left projects incomplete and instead used the money to fund other construction work. One charge against Buendia, Cuellar and Bowman is for Firm Build failing to finish the renovation of a MCOE automotive training center. The complaint alleges that Firm Build diverted more than $45,000 from the Castle Commerce Center project to a different one. Bowman, a Housing Authority commissioner, is also charged with diverting public funds because MCOE allegedly gave $120,000 to Firm Build for projects not connected with the office of education.Bowman, MCOE's Workplace Learning Academy coordinator, has been placed on administrative leave because of an internal investigation, county officials said. Firm Build's Buendia isn't a flight risk, says Judge McCabe...SCOTT JASON...9-18-08 http://www.mercedsunstar.com/167/story/459043.html Citing a clean record and a 30-year history in the area, a Merced County Superior Court judge ordered Firm Build's manager released from jail Wednesday. The dozen-and-a-half supporters of Rudy Buendia III sighed as Judge Brian McCabe decided that he wasn't a flight risk and could be set free. "There's a pristine record," McCabe said. "He has a long ties to the community."... Merced County District Attorney Larry Morse II filed a 27-count criminal complaint against Firm Build's two managers, bookkeeper, board president and Buendia's father, who did contract work for the nonprofit. The case took 15 months to investigate and included a forensic accounting specialist from a neighboring county. Besides the criminal charges, the case has political implications, as Buendia serves as a Merced County Planning Commissioner and Patrick Bowman, the nonprofit's board president and also facing charges, serves as a Housing Authority commissioner -- both spots are appointed by the Board of Supervisors. Bowman, also a coordinator with the Merced County Office of Education, is on administrative leave pending the outcome of an internal investigation...9-19-08 Merced Sun-Star Prominent Merced County residents lobbied for jail release of housing nonprofit manager Rudy Buendia faces 17 charges related to demise of Firm Build...SCOTT JASON http://www.mercedsunstar.com/167/story/460852.html The Merced County District Attorney plans to file two more felonies against Firm Build's managers today after investigators received a report from the Contractors State License Board. Rudy Buendia III will face 17 charges connected to the demise of Firm Build, the nonprofit he ran for about a decade. The 45-year-old father was released Wednesday from the John Latorraca Correctional Center by Merced County Superior Court Judge Brian McCabe... Buendia has been charged with embezzlement, grand theft and diversion of construction funds. The allegations come following a 15-month investigation that began after Firm Build, which relied heavily on taxpayer funding, went bankrupt. Buendia refused to surrender to authorities for two days and was arrested Sunday by Merced County Sheriff Mark Pazin, who said he couldn't understand why this arrest is garnering so much attention. "It wasn't that big of deal," Pazin said Thursday... Buendia was released following an outpouring of support from friends and family at the Merced County Superior Court. Twenty letters given by Buendia's attorney to the judge during the hearing, and later obtained by the Sun-Star, show that Buendia, a Merced County planning commissioner and former Housing Authority commissioner, had high and far-reaching support for a reduced bail. McCabe, in thumbing through the letters, noted that he knew seven of the people. He cited Buendia's clean record and 30-year history in the community as reasons that he should be freed... For the most cynical residents, the letters are evidence of a good old boys network that favors its members. Some readers on the Sun-Star's Web site have wondered why Buendia was released without having to post bail. Two other Firm Build leaders, Patrick Bowman and Joe Cuellar, bailed out shortly after they were arrested last week. Christina Ledezma, Firm Build's bookkeeper who's facing nine felonies, had her release denied Tuesday by a different judge. She's in jail in lieu of $312,000. Some statements of support for Buendia came from Merced College President Ben Duran, Supervisor John Pedrozo's sister and sister-in-law, Merced County Sheriff Mark Pazin's former secretary and a current Housing Authority commissioner. One letter, from Lili Harrell, a U.S. District Court bailiff, is on federal letterhead. "(Buendia)will have our complete support as this case adjudicated and his innocence is proven," the letter reads. On plain paper, Duran wrote, "I have known Rudy and his family for more than forty years and believe that he would not be a flight risk due to his commitment to his family and his community ties. "Though I do not know the facts of the case against Mr. Buendia, my request is strictly limited to asking for a fair and reasonable bail." Judy Blackburn, Pedrozo's sister and principal of Our Lady of Mercy School, wrote that Buendia is a "person with strong moral character and believe he's a man with strong integrity." Merced County judge lets subject of housing nonprofit investigation out of jail9-19-08 Merced judge frees secretary of housing nonprofit District attorney says it wasn't fair to keep her in jail as others get out...CAROL REITER http://www.mercedsunstar.com/167/story/462443.html The last person left in custody in the Firm Build case was released on her own recognizance Friday. Christina Ledezma, a secretary for Merced-based Firm Build, had been denied a reduction of her bail earlier in the week. "Our position is that all the defendants should either have posted bail or remained in custody," said Merced County District Attorney Larry Morse II. Because of that, Morse asked the court to release Ledezma. "Although bail was properly set, it is unjust for her alone to remain in jail," Morse said. Four people were arrested last week in connection with a 15-month investigation by the district attorney into the activities of Firm Build, a nonprofit that went bankrupt. The agency had relied heavily on taxpayer funding. Firm Build leaders Patrick Bowman posted bail of $266,000 and Joseph Cuellar posted a bail of $431,000 and were released early last week. On Wednesday, Buendia, who had been being held on $266,000 bail, was released without bail after Merced County Superior Court Judge Brian McCabe received letters from community members about Buendia's community service. Buendia is facing 17 charges connected with the fall of Firm Build, the nonprofit he ran for about 10 years... Morse said his office was concerned about the inequity of Ledezma being held in jail while her co-defendants have been released. Morse added that Ledezma was the only one of the four defendants who cooperated to any degree with Morse's investigation One of the letters in favor of Buendia, which was written on U.S. District Court letterhead urging the Merced County Superior Court to lower Buendia's bail, is now under scrutiny by the Northern District of the court, where the letter writer is employed. On Friday, the Merced Sun-Star, along with McCabe, Morse, and Buendia's attorney Kirk McCallister, received a faxed letter from Chief Judge Vaughn R. Walker of the U.S. District Court, Northern District of California, which is in San Francisco. The letter stated that it had come to the attention of Walker that a court employee had written an unauthorized letter on court stationery concerning the release of a defendant facing criminal charges in Merced County Superior Court. "The court is investigating the matter as a possible breach of the requirement that a court employee's position should not be used, or appear to be used, to advance the private interests of others," the faxed letter stated. The letter in contention was written by Lili M. Harrell, a courtroom deputy with the U.S. District Court. Harrell wrote that "as a close family friend (of Buendia), it is respectfully requested that the amount of bail be reduced."... Twenty letters were given to the judge by McCallister, Buendia's attorney. The letters writers included Merced College President Ben Duran, Supervisor John Pedrozo's sister and sister-in-law, Merced County Sheriff Mark Pazin's former secretary, and a current Housing Authority commissioner...--------------------These felons are out of jail and I would venture to guess that they will never see the inside of one again in relation to this case. Time served, case closed. :: 09/20/08 10:34am – LUCKYHORSE-------------NOPE, wrong again, it wasn't fair to let the rest go free. Man, things there are really out of hand with law enforcement and the courts. It sure looks like justice doesn't exist there in the Kommunist Republik de Merced, Norte Mexico. And, just 20 "letters", what about the thousands of residents there that didn't write letters, but are outraged these criminals got out of jail, and VOICED so, I figure their will just got "avoided/lost" in all the "law enforcement" going on. :: 09/20/08 10:14am – daveray ------------- First of all I do not believe any of these four should have been released without posting bail. Also, for those of you who have been stating that these men are innocent and are chastising the reporter for writing these articles in the first place, if they are innocent then why didn't they cooperate with the investigation to prove their innocence? I believe that most innocent people would not run from an investigation, wouldn't they want to cooperate and prove to the D.A. that they had done nothing wrong? Just a thought. :: 09/20/08 9:55am – yesss-------------OR? Come on you Guys! Justice is Supposed to be BLIND! Not stupid! Is everyone sleeping well at night? :: 09/20/08 9:34am - mema60-------------It pains me to see the blatant favoritism displayed in our local courts. Justice is supposed to be blind, it sickens me to see the outright double standard in our local courts. Would they be out of jail if they didn't have lots of stolen money and powerful friends. Those kids aren't their only victims, our whole community has to pay for their greed. How many kids are out doing drugs and stealing that would have got the opportunity to succeed. It sickens me to see the good ol' boy network here. Good job Morse and all your deputys! :: 09/20/08 9:31am – unevolved-------------Whoa. Shouldn't it have gone the other way? Shouldn't Morse have asked the judge to consider requiring Buendia to post bond? If we follow his logic, it is unfair to keep all sorts of accused criminals behind bars because they can't make bail. So let's let them all out, close the jail and save the taxpayers a ton of money! Also, if I were related to an inmate, I'd get the inmate's friends to write letters to the judges. The tactic seems to work. P.S. It's no wonder we have a crime problem. :: 09/20/08 9:30am - realsolutions