Beyond the Blackboard

Appellate Court Clears Former CUSD Official McGill of Wrongdoing

More to come, but in a lengthy ruling, the 3rd District Court of Appeals in Santa Ana has cleared former Capistrano Unified School District Assistant Superintendent Susan McGill of perjury, bringing to an end legal proceedings related to the so-called enemies list of recall supporters.

The 70-page opinion says the District Attorney should have put former district spokesman David Smollar on the stand during grand jury proceedings, because his testimony would have shown McGill didn't lie to the body when she said she didn't create the list of those who gathered signatures during an attempt to recall all seven trustees in 2005.

McGill and Smollar journeyed to Santa Ana to review the petitions. That led the DA to accuse Fleming of "misappropriation of public funds" and other charges and McGill with perjury and other charges. All charges against Fleming were dropped earlier this month.

The charges were the basis of the "CUSD Reform" committee's move into the district, as Rancho Santa Margarita Councilman Tony Beall reportedly called the district and its leaders "corrupt."

Ultimately, two trustees were recalled by the "Reform Group," which ultimately gained all seven seats. In the last election, two reformers were recalled, and another did not seek re-election.

While the "reform" group still holds a 4-3 majority on the board, Trustees Jack Brick and Anna Bryson seem to be working well with the new trustees, while Ellen Addonizio and Sue Palazzo often seem at odds with their colleagues.

Tuesday's appellate court ruling also clears prosecutors of any deliberate misdeeds. Justices earlier questioned whether prosecutors made it clear that Smollar's testimony showed who created the lists.

See the entire ruling here.

Download McGill Final Ruling

Felony Charges Against Repeat Drunk Driver in Death of Laguna Niguel School Volunteer

May 24, 2011

From District Attorney's Office: 

Case #11CF1355

DRIVER CHARGED WITH MURDERING PEDESTRIAN AND INJURING TWO OCCUPANTS OF ANOTHER CAR AFTER RUNNING RED LIGHT AND CRASHING WHILE UNDER THE INFLUENCE OF DRUGS

 SANTA ANA - A driver with two prior convictions for driving under the influence has been charged with murdering a pedestrian and injuring two occupants of another car in a drug-induced crash after running a red light.

Adam Harrison Hall, 27, Placentia, is charged with one felony count of murder and one felony count of driving under the influence causing bodily injury with sentencing enhancements and allegations for causing bodily injury and causing great bodily injury or death to more than one victim. If convicted, he faces a maximum sentence of 21 years to life in state prison. Hall was arrested today by the Orange County Sheriff's Department (OCSD) and is being held on $1 million bail. He is expected to be arraigned tomorrow, Wednesday, May 25, 2011, in Department CJ-1, Central Jail, Santa Ana.  The time is to be determined. 

At approximately 11:10 a.m. on Feb. 13, 2011, Hall is accused of driving northbound on Moulton Parkway while under the influence of drugs in the City of Laguna Niguel in a Ford sport utility vehicle (SUV). At the intersection of Moulton Parkway and Nueva Vista Drive, Hall is accused of driving through a red light and crashing into a Toyota SUV that was passing legally through the intersection. The force of the crash caused both vehicles to lose control.  The Toyota spun 360 degrees before coming to a stop. The occupants, Steven James and Anna Gaffney, were both injured in the crash. Gaffney suffered a fractured collar bone and James suffered severe bruising.       

As a result of the crash, Hall is accused of losing control of his vehicle and driving up the curb onto the sidewalk. He is accused of crashing into victim Mara Lynnes Steves, 48, who was walking in the area attempting to locate the owner of a stray dog. Hall is accused of murdering Steves, who died as a result of her injuries. Hall is also accused of hitting the dog, a labrador retriever named Max, leaving a tire mark on the animal and requiring it to undergo emergency veterinary services. Steves was honored after her death by the People for the Ethical Treatment of Animals for her efforts in helping the lost dog. 

OCSD responded to the scene and investigated this case. At the time of the crash, Hall is accused of being under the influence of drugs including methamphetamine, Diazepam, Nordiazepam, Alprazolam, Hydroxyalprazolam, Oxazepam, Temazepam, amphetamine, Morphine, and 11-nor-9-carboxy-delta-9-tetrahyrocannabinol (THCA).  

Hall is accused of having specific knowledge that he could be charged with murder if he killed someone while driving under the influence. At the time of the crime, Hall is accused of being on probation for two driving under the influence convictions. On March 3, 2008, Hall pleaded guilty to misdemeanor driving under the influence of drugs (Case # 08NM02020) for an incident occurring in October 2007. He was sentenced at that time to three years of informal probation and ordered to complete a 3-month First Offender Alcohol Program and Mothers Against Drunk Driving Victim Impact Panel. 

While on probation and less than two months after being sentenced for driving under the influence of drugs, Hall was again arrested for driving under the influence on May 8, 2008. Hall pleaded guilty in that case Oct. 3, 2008, to misdemeanor driving under the influence of alcohol (Case # 08CM08821) and was sentenced to 90 days in jail, five years of informal probation, and was ordered to complete a 180-day Drug and Alcohol Program and an 18-month Multiple Offender Alcohol Program.  

Senior Deputy District Attorney Alison Gyves of the Homicide Unit is prosecuting this case.

Former Trustee's Name to be Added to Capistrano's 'Wall of Recognition'

Mike Darnold, Matt Gaffney and Jean Vincenzi will added to San Juan Capistrano’s “Wall of Recognition,” the City Council decided Tuesday.

 The Wall of Recognition is in the Community Center on Camino Del Avion and honors residents who have volunteered in the community. Recipients are nominated, then chosen and confirmed by the City Council.

Darnold, a 35-year resident, has been highly involved in the community, focusing primarily on youth though Rotary and other efforts. He is a former Capistrano Unified School District trustee.

Gaffney has been involved in the community most of his life. He has served on City boards and commissions since 1986 and has devoted his time to organizations such as the Historical Society and Capistrano Animal Rescue Effort. He is also active in veterans groups and a board member on the SJC Historical Society.

An avid volunteer, Jean Vincenzi has lived in town since 1979. She has been involved with the San Juan Capistrano Friends of the Library, which raises funds to benefit the library, for the past 14 years and currently serves as president.

Their names will be added to our Wall of Recognition at the San Juan Capistrano Community Center in a ceremony at 3 p.m. Thursday, June 30.

 A council subcommittee of Mayor Sam Allevato and Councilman Larry Kramer served on the nominating committee. The three were unanimously confirmed by the City Council, but Councilwoman Laura Freese asked that the process be examined in the future because other council members cannot weigh in on the nominees privately, and raising concerns publicly would be embarrassing.

Governor Brown: 'For Years, State has Shortchanged Public Education'

Capistrano Unified started the day assuming it needed somewhere around $20 million in cuts, but Governor Brown's revised budget adds $3 billion for education ...

Schools do pick up some other responsibilities, however, and the state is going to reform standardized testing, among other things.

Here's the details:

Download Kthru12Education

Here's his release:

SACRAMENTO – Governor Edmund G. Brown, Jr. today unveiled a revised state budget that reduces by nearly $3 billion the amount of taxes needed to balance the budget, spurs job creation through new tax incentives and pays off most of the $34.7 billion debt built up over the last decade.

“California’s economy is growing, but we still face a $10 billion structural deficit and a wall of debt for years to come,” said Brown. “California’s finances were plunged into turmoil by the Great Recession and a decade of short-term fixes and fiscal gimmicks. This is not the time to delay or evade. This is the time to put our finances in order.”

The revised budget also downsizes state government and protects education and public safety. Since taking office in January, Brown and the legislature have cut spending by $9 billion and have taken other steps to reduce the deficit.

Key Highlights of Governor Brown’s May Revision Budget

Reduce the amount of taxes required to balance the budget. Californians will pay $2 billion less in income taxes this year than proposed in the January budget.

Increase spending on K-12 education. For years, the state has shortchanged public education in order to balance the budget, forcing school districts to borrow in order to balance their budgets. The revised budget increases funds for public schools by $3 billion. Even with this new infusion of funds, California schools are still owed billions by the state.

Spur job creation through tax incentives. The revised budget restricts Enterprise Zone credits to create new jobs only; spurs investments in California jobs through mandatory single sales; encourages manufacturing jobs through reduced sales tax on equipment purchases; and revamps a hiring tax credit to encourage additional job creation.

Create a long-term strategy to address California’s Wall of Debt. California has accrued $35 billion in budgetary debt by borrowing from future generations. The May Revision lays out a plan to pay off at least $29 billion in looming state debt by 2015.

Cut state government. The revised budget eliminates 43 boards, commissions, task forces, offices and departments that represent an inefficient use of taxpayer dollars. As services are returned to the local level, the Departments of Mental Health and Alcohol and Drug Programs will be eliminated. The revised budget also proposes to merge the Healthy Families Program into the Medi-Cal program, reducing costs and creating a single health care program for low income families

Improve debt management. More than $11 billion in cash from bond sales is sitting in department accounts, where it costs taxpayers more than $700 million a year in debt service for projects that have yet to be completed, creating an unacceptable burden on taxpayers. The revised budget proposes expediting projects, moving cash out of accounts and into projects that create jobs and improve state infrastructure as taxpayers intended.

Restore honesty to the budget process. Last year’s budget underfunded the costs of both the Department of Corrections and Rehabilitation and Department of Mental Health by $465 million. The revised budget addresses the shortfalls in these departments and establishes controls to prevent future overspending.

Sell underutilized state properties. The revised budget proposes the sale of state-owned properties like the Los Angeles Coliseum, the Montclair Golf Course in Oakland, the Capital Area Development Authority in Sacramento and the Ramirez Canyon property in Southern California. These properties serve no state function and should be sold off to pay debt.

What's Behind the Talk About Prosecutorial Misconduct?

In the now-dismissed case against former Superintendent James Fleming and the soon-to-be-dismissed case against Assistant Super Susan McGill, the issue was those "enemies lists."

Fleming sent McGill and then-district spokesman David Smollar to the Registrar of Voters who (wrongly) let the pair go over petitions submitted in a recall attempt of all seven trustees. (That failed to qualify for the ballot, by the way.)

Fleming was indicted on allegations he used district resources -- the employees -- for what prosecutors said was political activity. Appellate court justices, however, disagreed that what he did was "grand theft," which was the official charge.

For McGill, she's left facing a perjury charge -- that she lied to the Grand Jury in sayng she didn't make any list.

So here's the catch: it doesn't look like she did. It looks like Smollar -- who was the one who blew everything up by leaking everything to the media after a fallout with Fleming -- wrote down the names, typed the "enemies list," all of that.

The part about the allleged prosecutorial misconduct -- with the allegations coming from the appellate court. The DA's Office knew Smollar compiled the list. But Smollar wasn't called before the Grand Jury to testify, and the DA's Office was ... hazy ... on the details in court, the justices say.

Here's the appellate court minutes that lay it out:

 Download Appellate Court Concerns

The DA's Office has until May 17 to answer the justices' questions.

Soderberg Guarantees No CUSD Strike This Year

I caught up with Capistrano Unified Education Association leader Vickie Soderberg at Monday's school board meeting to confirm what she'd said during last week's budget hearing: CUSD teachers will not strike this year.

"I can guarantee that," Soderberg repeated to me.

The teachers, after last year's three-teaching-day strike, signed a two-year deal. But that agreement allowed for "re-openers," which means the district and union are starting work now on salary and benefit adjustments in light of the upcoming budget.

(Remember, school districts plan their budgets largely on assumptions based on what the state will do with its budget. A big day for schools is approaching, when the state releases its updated budget.)

Soderberg said an improved relationship with the CUSD Superintendent, Joe Farley, and with the board of education guarantees teachers will accept concessions and stay in the classroom this year. Farley and three board members -- Alpay, Hatton and Pritchard -- are new to the district since the strike, and Brick and Bryson seem to be ... more open ... this time around, too. I haven't heard any trustees publicly state a figure that teachers will have to take as a cut, unlike last year.

CUEA is polling members now to find out what they're willing to accept as far as cuts, Soderberg said.

Stay tuned.